Disposed

Smt. Jyoti Maurya Thru. Her Husband Sri Himanshu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC23 May 2024HABC/112/2024

Case brief

AI extract

What is this about?

The Court directed the petitioner husband to deposit Rs. 4 Lakhs as fixed deposit for the minor detenue's five-year security and welfare. The minor was to accompany the husband and appear in person on the next date.

What did the court decide?

Order directing husband to deposit Rs. 4 Lakhs as fixed deposit in the name of the minor corpus for five years.

Smt. Jyoti Maurya Thru. Her Husband Sri… — Child Custody and Guardianship | Allahabad HC (2024)

¶1

Court No. - 13

¶2

Case :- HABEAS CORPUS WRIT PETITION No. - 112 of 2024

¶3

Petitioner :- Smt. Jyoti Maurya Thru. Her Husband Sri Himanshu Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others

¶4

Counsel for Petitioner :- Arvind Bharti,Indrapal Singh,Nupur Counsel for Respondent :- G.A.,Dinesh Kumar

¶5

Hon'ble Shamim Ahmed,J.

¶6

1.Learned counsel for the opposite party No.4 has filed counter affidavit. The same is taken on record.

¶7

This Court vide order dated 23.05.2024 had passed the following order:

¶8

"1. In pursuance of the earlier order of this Court, the alleged detenue - Smt. Jyoti Maurya has been presented before this Court by Shri Ramdev Gupta, Sub Inspector and Ms. Ravina, Lady Constable, Police Station Para, Lucknow.

¶9

2. Though a claim has earlier been made with regard to the majority of the detenue by the petitioner, however, the respondent no.4, who is represented by Shri Dinesh Kumar, who has filed his 'vakalatnama' today, which is taken on record, has placed before this Court transfer certificate of the detenue as well as certificate issued by the Principal of the Malti Adarsh Balika Vidyalaya, Junior High School, Rajajipuram, Lucknow wherein her date of birth is shown as 07.06.2006.

¶10

3. Thus on the basis of the documents produced before this Court, the detenue appears to be minor, therefore, in the considered opinion of this Court, though her consent may be respected, but could not be acted upon. She shows some reservation pertaining to her residence with her parents, but later on, she appears to be in agreement that she may live till her majority with her parents, however, a direction be given to her parents not to scold her.

¶11

4. Having regard to the fact that the respondent no.4 is represented by an Advocate, let this case be listed on 10.06.2024, by which date detenue may also attain majority and by that date, the respondent no.4 may also file counter affidavit.

¶12

5. It is directed that the Station House Officer, Police Station Para, Lucknow shall produce the detenue again before this Court personally in adequate security and having regard to her decency on the next date of listing.

¶13

6. The father of the detenue namely Shri Nagendra Prasad, who is personally present before this Court, is directed to keep the corpus in his safe custody and he shall be personally responsible for her security and welfare,

¶14

7. The Station House Officer of the Police Station Para, Lucknow within the jurisdiction of which respondent no.4 is residing with the corpus, is directed to ensure security of the detenue - Smt. Jyoti Maurya and for this purpose, Station House Officer of the Police Station Para, Lucknow would make regular visits to the house of the respondent no.4 to ensure security and welfare of the detenue. Respondent no.4, who has provided his mobile number as 8574613614, shall always remain available on this number and would answer the call, which may be made by the Station House Officer of the Police Station Para, Lucknow in order to ensure security and safety of the corpus.

¶15

8. A copy of this order be immediately provided to learned A.G.A. for onward transmission to the appropriate authorities."

¶16

In compliance of order dated 23.05.2024 the corpus-Smt Jyoti Maurya who has been brought before this Court by lady constable Binu Rani and Sub-Inspector Raju Singh and her alleged husband Sri Himanshu are present before this Court and they have been identified by their respective counsels. The father of the opposite party no.4, namely Sri Nagendra Prashad is also present before this Court in person and he has been identified by his counsel Sri Dinesh Kumar.

¶17

Learned A.G.A. Sri Rajesh Kumar Singh, appearing for opposite party Nos. 1 to 3 as well as Sri Dinesh Kumar Singh, learned counsel for the opposite party No.4 submit that they have no objection, if this Court directs the husband of the corpus-Sri Himanshu to deposit some amount in any Nationalized Bank in the name of corpus for five years.

¶18

On being asked, the husband of the corpus Himanshu is ready to deposit Rs. 4 Lakhs in any Nationalized Bank in the name of corpus for five years.

¶19

6.Accordingly, the husband of the corpus Himanshu is directed to bring a Certificate of fixed deposit of any Nationalized Bank in the name of corpus-Smt Jyoti Maurya. The said amount be deposited for a period of five years. The said certificate be produced before this Court on the next date fixed.

¶20

7.List this case on 14.06.2024 for further orders.

¶21

Today, the corpus-Smt Jyoti Maurya shall accompany Sri Himanshu.

¶22

On the next date fixed , the corpus-Smt Jyoti Maurya and Sri Himanshu both will appear in person before this Court.

¶23

Accordingly, Station House Officer of the Police Station Para, Lucknow is directed to produce the corpus-Smt Jyoti Maurya and Sri Himanshu son of Vijay Kumar Residet of 545ka/d-090, Doctor Khera Dev Pur Police Station Para, District Lucknow before this Court in person on the next date fixed without fail.

¶24

Order Date :- 10.6.2024 Arvind

¶25

Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Jyoti Maurya Thru. Her Husband Sri Himanshu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Jyoti Maurya Thru. Her Husband Sri Himanshu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Km. Vandana Vs State of U.P. Thru Prin.Secy.Basic Edu.Govt.of Up and Ors.

Smt. Afsana Katoon and Others Vs State of U.P. Thru. Prin. Secy., Finance, Lucknow and Others

Dharmendra Kumar Singh Vs State of U.P. Thru. Prin./Addl. Chief Secy. Secondary Education Lko. and 3 Others

Mohini Misra Vs State of U.P.Thr.Secy.Mahdyymik Edu.Civil Sectt.Lko. and Ors.

Pyare Lal Singh Yadav Vs State of U.P. through Director Local Bodies Lko. and Ors.

Dr. Sahnaz Siddiqui Vs State of U.P.Thr.Its Prin.Secy.Higher Education Deptt.and Ors.