This court dismissed a habeas corpus petition filed to challenge the production of the corpus Smt. Rinki, who stated she did not consent to the petitioner's version of events and wished to live with her current spouse.
Corpus permitted to go back; deposit released to her.
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Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 874 of 2022
Petitioner :- Smt. Rinki And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satish Solanki Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Counter affidavit filed on behalf of private respondents is taken on record.
In compliance of order dated 15.12.2022 passed by this Court, corpus Smt. Rinki has been produced alongwith respondent nos. 4 and 5 before this Court, who has been identified by her counsel.
The corpus Smt. Rinki has stated before the Court that "she is aged about 18 years; she has not married to petitioner Aryendra at Arya Samaj Temple; her date of birth is 26.4.2004; this is not true that her date of birth is 1.1.2004; my father lodged FIR against the petitioner Aryendra for kidnapping her; my parents have solemnized her marriage with one Sarvesh on 5.11.2022, which is an arrange marriage; she never stated before the police of having love affairs with Aryendra; she wants to live with Sarvesh; she is not willing to go with Aryendra, who has filed present petition without her knowledge and consent."
In view of the statement made by the corpus Smt. Rinki before the Court, I do not find any force in the present petition.
The present habeas corpus writ petition is dismissed.
The corpus Smt. Rinki is permitted to go back to the place from where she has come to the Court.
Office is directed to release the amount so deposited by the petitioner, in favour of corpus Smt. Rinki, through her counsel.
Order Date :- 23.1.2023
Dhirendra/
Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad
Smt. Rinki and Another
State of U.P.
Others
Ram Manohar Narayan Mishra
As recorded by the court registry
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