Court No. - 85
Case :- HABEAS CORPUS WRIT PETITION No. - 561 of 2021 Petitioner :- Smt. Anju Soni And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar Dhrubvanshi Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, and learned A.G.A. for the State.
The present petition for a writ of habeas corpus has been filed with the following prayer:-
Issue a writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the detenues namely Smt. Anju Soni and Aryan (Minor) before this Hon'ble Court after setting her at liberty allow to go with husband of the Detenue No.1 namely Jay Prakash Soni as also allow the Detenue No.2 (Minor child of the Detenue No.1) with their father Sri Jay Prakash Soni.
Submission of counsel for the petitioner is that the marriage of Detenue No.1 was solemnized on 08.12.2010 with petitioner namely Jay Prakash Soni and out of their wedlock a child namely Aryan was born. Further submission is that the father of Detenue No1 took some money from the petitioner and on asking the repayment of the money the father of Detenue No.1 took away his daughter (wife of petitioner) along with him.
Learned A.G.A. on the other hand submits that as per the instructions the wife of the petitioner along with her minor son is living in her mother's house on her own free will since 2013. He further submits that several cases are going on in between the parties bearing Case Crime No.106 of 2014 and Case No.716 of 2014 etc. Learned A.G.A. has also drawn the attention of the Court towards the order dated 24.11.2017 in application U/s 407 Cr.P.C. No.68 of 2017 wherein on the prayer made by wife of petitioner this court has been pleased to issue a direction for the transfer of the case to Allahabad in favour of Detenue No.1.
The observations made hereinabove are prima facie in nature and the same would be without prejudice to the rights and contentions of the parties which may be agitated in appropriate proceedings.
The petition fails and is accordingly dismissed.
Order Date :- 13.8.2021 shiv