Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 3871 of 2018 Petitioner :- Smt. Aarti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Tomar,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioners as well as learned A.G.A and perused the record.
This Habeas Corpus petition has been preferred by petitioner no.2-Puneet Kumar alleging that he is the husband of petitioner no.1-Ms. Aarti and the duo got married on 16.09.2017. As per High School Certificate, her age is 17 years 2 months and the marriage was got registered at Arya Samaj Mandir on 16.09.2017. They are presently residing as the husband and wife. It is next contended that respondent no. 3 has taken the illegal custody of her wife-Ms. Aarti.
Learned A.G.A. has opposed the Habeas Corpus petition mentioning therein that vide order dated 05.10.2017, the Chief Judicial Magistrate, Muzaffar Nagar has given the custody of the corpus of Ms. Aarti to her father Surendra and as such, the custody cannot be said to be illegal.
Under such circumstances, the present Habeas Corpus Petition is not maintainable in the light of the judgment of Hon'ble Apex Court in the case of "The State of Maharashtra Vs. Tasneem Rizwan Siddiqui" in Criminal Appeal No. 1124 of 2018 decided on 05.09.2018.
The present petition lacks merit and is, accordingly, dismissed.
Let the amount so deposited by the petitioner no.2 shall be returned back in his favour within a period of fortnight from today.
Order Date :- 20.12.2018 Sumit S