In a habeas corpus petition, the High Court informed itself regarding the custody preference of a major corpus. Finding that the corpus expressed willingness to remain with her father, the court held that there was no illegal detention.
The writ petition was dismissed; the corpus is to be sent back to her father's family.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:227631
Court No. - 82
Case :- HABEAS CORPUS WRIT PETITION No. - 953 of 2023
Petitioner :- Smt. Diksha Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Yadav,Santosh Kumar Yadav Counsel for Respondent :- G.A.,Brahm Prakash Mishra,Vyomesh Kumar Srivastava
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioners, learned counsel for opposite party No. 4 and learned A.G.A. for the State.
In compliance of the order dated 09.11.2023, the corpus Smt. Diksha Singh (petitioner No. 1) accompanied by Sub-Inspector Manna Singh Kushwaha (P.N.O.- 960650606) and a lady Constable Sarita Kumari (P.N.O.- 212030387) is present before this Court.
In the instant matter, petitioner No. 2 has sought the custody of the corpus Smt. Diksha Singh on the basis of the marriage certificate registered on 22.07.2023 (annexure No. 2) claiming her as his wife.
During the course of hearing, the corpus in the open Court categorically denied to join the petitioner No. 2 and expressed her willingness to live in the family of her father.
As the corpus appeared to be emotionally disturbed, the matter was taken post lunch. In the meantime, during the interaction with the corpus in the chamber in presence of Mr. Narendra Singh, Additional Government Advocate, the corpus again expressed that she wants to stay in the family of her father. When the matter was taken up post lunch, the corpus again repeated that she wants to stay in the family of her father.
In view of the fact that the corpus is major and has expressed her willingness to stay with the family of her father. Therefore, there is no illegal detention of the corpus.
No interference is required. The writ petition is dismissed.
Hence, the writ petition is dismissed.
Sub-Inspector Manna Singh Kushwaha (P.N.O.- 960650606) and a lady Constable Sarita Kumari (P.N.O.- 212030387) shall ensure that the corpus is sent back safely in the family of her father.
Order Date :- 1.12.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
Smt. Diksha Singh and Another
State Of U.P.
3 Others
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
