Court No. - 72
Case :- HABEAS CORPUS WRIT PETITION No. - 601 of 2021 Petitioner :- Smt. Anjana @ Neha And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ram Awtar Counsel for Respondent :- G.A.,Achal Singh
Hon'ble Sanjay Kumar Singh,J.
Mr. Santosh Kumar Nigam, learned Advocate has filed his vakalatnama on behalf of petitioner no. 1-Smt. Anjana @ Neha (corpus), which is taken on record.
Heard Shri Ram Awtar Rao, learned counsel for the petitioner no. 2, learned A.G.A. for the State of UP./opposite party nos. 1 to 4. Mr. Achal Singh Vats, learned counsel for the opposite party no. 5 and Mr. Santosh Kumar Nigam, learned counsel for the petitioner no. 1 (corpus).
The instant habeas corpus writ petition has been preferred by the petitioner no. 2 alleging that petitioner no. 1-Smt. Anjana @ Neha (corpus) is his legally wedded wife. Their marriage was solemnized on 13.07.2015, but corpus has left her matrimonial house on 20.07.2021 and started living in her parental house, but subsequently on 05.08.2021, she has left her parental house also and started living with opposite party no. 5. Father of the corpus has also lodged a report on 14.08.2021 about the said incident, which was registered as N.C.R. No. 0076/2021, which has been brought on record as Annexure No. 2 to the petition. Pursuant to orders dated 06.09.2021 and 18.10.2021 of this Court, the corpus/petitioner no. 1-Smt. Anjana @ Neha is present before the Court and she is duly identified by the learned counsel for the petitioner no. 2 as well as opposite party no. 5 and signature of the corpus/petitioner no. 1-Smt. Anjana @ Neha is taken on record. On being queried, the corpus has stated that she is major and is living independently in a rented accommodation. She has categorically stated that she has not been confined by anyone. She further submits that on receiving information about the order passed by this Court by the police of Police Station-Tharwai, District-Prayagraj, she has come to this Court along with her counsel. She has also stated that she does not want to go with anyone.
In view of the aforesaid statement of petitioner no. 1-Smt. Anjana @ Neha (corpus), this Court is left with no other option, but to direct that the petitioner no. 1 being a major is free to live or go to whomsoever she wants, as per her wishes.
In view of the above, the present habeas corpus writ petition is devoid of merit and the same is accordingly dismissed.
Order Date :- 25.10.2021 Sunil Kr. Gupta