Court No. - 83
Case :- HABEAS CORPUS WRIT PETITION No. - 610 of 2021 Petitioner :- Aachal Prajapati And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subedar Mishra,Anurag Shukla Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Subedar Mishra, learned counsel for petitioners and learned A.G.A. representing respondents 1, 2, 3 and 4.
2. This Habeas Corpus Writ Petition has been filed for a direction to respondent-5 to produce petitioner-1, Aachal Prajapati (Corpus).
3. Present writ petition came up for admission on 09.09.2021 and this Court passed following order:-
"Sri Jhamman Ram, learned AGA appearing for State- respondents points out that in the absence of any specific particulars the present petition for a writ of habeas corpus would not be entertainable.
Sri Lal Chandra, holding brief of Sri Anurag Shukla, learned counsel for the petitioners prays for 10 day's time to file a supplementary affidavit in order to respond to the aforesaid objection.
As prayed, let the matter appear as fresh on 21.09.2021."
3. Learned A.G.A. representing respondents 1, 2, 3 and 4 submits that he has received instructions in the matter. Upon instruction so received, he submits that Corpus-Aachal Prajapati has already solemnized marriage with Vishal Kushwaha. On the aforesaid premise, learned A.G.A. submits that petitioner-1 is not legally wedded wife of petitioner-2,Ram Jiyavan Prajapati. He further contends that no marriage registration certificate has been appended alongwith writ petition.Resultantly, there is no proof of marriage of petitioner-1 with petitioner-2. As such, present writ petition is liable to be dismissed.
5. When confronted with above, learned counsel for petitioner could not overcome the same.
6. In view of above, this Court does not find any good ground to interfere in this writ petition.
7. Accordingly, present writ petition lacks merit and is liable to be dismissed.
8. It is accordingly dismissed.
Order Date :- 21.9.2021 YK