Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 363 of 2019 Petitioner :- Alka Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vidya Kant Mishra,Brij Gopal Counsel for Respondent :- G.A.,Ajay Singh,Dinesh Kumar Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Brij Gopal, counsel for the petitioners, Sri Dinesh Kumar Singh, counsel for respondent nos. 3 to 5 and learned AGA.
The present habeas corpus writ petition has been filed for custody of corpus, Alka through her husband Saurabh Bharti that she has been detained by respondent nos. 3 to 5 against her wishes and thus she may be produced before the court and set her at liberty forthwith.
Learned counsel for the petitioners submitted that the corpus is legally wedded wife of Saurabh Bharti, their marriage was solemnized on 5.2.2019; the respondents no. 3 to 5 opposed as they were against the marriage; marriage certificate, other documents and age proof has been appended with writ petition.
Pursuant to orders dated 11.4.2019 and 28.5.2019 respondent nos. 3 to 5 have produced the corpus before the Court and she has been duly identified by counsel for the parties.
On being questioned the corpus has stated that she is aged about 20 years and has admitted to have solemnized marriage with Saurabh Bharti, she has further stated that she is not under any illegal detention or captivity of her father, however, she has expressed her desire to go with her husband Saurabh Bharti.
In view of the statement made by the corpus, the present habeas corpus writ petition is allowed. The corpus is permitted to go with her husband from the court itself.
The amount of Rs. 25,000/- deposited by the alleged husband of the corpus shall be paid to the corpus Alka by the registry of this Court after due verification through her counsel.
Order Date :- 30.5.2019 Dhirendra/