Habeas Corpus petition filed by Jitendra Ponia for production of Muskan Kumari Sain. Court recorded statement of corpus who claimed coercion and disowned the petition. Declared petition devoid of merits and dismissed.
Petitioner's amount deposited released in favour of Muskan Kumari Sain through her counsel; Corpus permitted to go back.
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Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 895 of 2022
Petitioner :- Muskan Kumari Sain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjit Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
In compliance of order dated 15.12.2022 of this Court, corpus Muskan Kumari Sain has been produced before the Court by private respondent no. 4, Shiv Dayal Sain, her father and she was escorted by lady constable Rishu and SI, Kewal Singh, P.S. Nagla Singhi, District Firozabad, who is identified by the counsel.
The corpus- Muskan Kumari Sain has stated before the Court that although she known the petitioner Jitendra Ponia but she denied to have solemnized marriage with Jitendra Ponia; her marriage with Jitendra at Arya Samaj Temple was an act done under coercion and threats; she did not solemnize marriage with Jitendra out of free will; all the actions taken by her are prompted by threat given by said Jitendra; she is not willing to go with him and she has expressed her willingness to reside with her parents; this averment is false that she is residing with Jitendra and this is also false to say that this petition has been filed with her knowledge and consent; she disowned this petition.
Heard learned counsel for the petitioners and learned AGA for the State.
Learned counsel for the petitioner submits that petitioner Jitendra is also present before the Court and the corpus has solemnized her marriage with Jitendra out of free will and she also applied for registration of her marriage and prior to this, petitioners had moved a petition for seeking protection of this Court from the private respondents and now she is denying her marriage under the influence of her father.
Per contra, learned AGA submitted that after recording statement of the corpus, this habeas corpus writ petition is devoid of merits and is liable to be dismissed.
Considering the submissions made by learned counsel for the parties as well as the statement made by the corpus- Muskan Kumari Sain before the Court, I do not find any force in the present habeas corpus writ petition.
The petition is dismissed.
The corpus, Muskan Kumari Sain, is permitted to go back from where she has come to the Court.
Office is directed to release the amount so deposited by the petitioner, in favour of the corpus through her counsel.
Order Date :- 23.1.2023 Dhirendra/
Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether to allow the production of Muskan Kumari Sain in the hearing of the Habeas Corpus petition filed by Jitendra Ponia challenging the marriage solemnisation.
Whether the statement by the corpus denying the true nature of the marriage agreement and coercion renders the petition devoid of merits.
Jitendra Ponia
State Of U.P.
DHIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
