Court No. - 10
Case :- HABEAS CORPUS WRIT PETITION No. - 3303 of 2018 Petitioner :- Azra Ansari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Short counter affidavit alongwith Vakalatnama filed by Sri Sagir Ahmad, Advocate on behalf of respondent no. 4 is taken on record.
Heard Sri Pankaj Kumar Mishra, learned counsel for the petitioners, learned AGA for the State and Sri Sagir Ahmad, learned counsel for respondent no. 4 and perused the record.
Respondent No. 4 is personally present before the Court and has produced the corpus Azra Ansari, in compliance to order of this Court, who has been duly identified by learned counsel for respondent no. 4.
Upon being enquired, the corpus Azra Ansari states that she is aged about 21 years, she is Post Graduate and her date of birth is 17.12.1997. High School certificate of the corpus has been filed, which is Annexure no. 1 to the affidavit filed in support of writ petition, according to which date of birth of the corpus is 17.12.1997. She further states that petitioner no. 2 Suhail Ansari had performed court marriage with her by playing fraud. She further states that when it was disclosed that petitioner no. 2 Suhail Ansari is smuggler and he has criminal history, she has got her court marriage cancelled and thereafter she is residing with her parents. She further states that she does not want to go with petitioner no. 2 Suhail Ansari and she wants to live with her parents.
In view of above, the corpus Azra Ansari is major and she states that petitioner no. 2 had performed marriage with her by playing fraud and thereafter she has got her court marriage cancelled and she does not want to go with petitioner no. 2 Suhail Ansari. The petition is devoid of merit and is liable to be dismissed.
Accordingly, the petition is dismissed.
Respondent no. 4 Suleman Ansari states that he takes responsibility to take the corpus with him and corpus also states that she wants to go with her father and there is no need of any security to her. Accordingly, corpus is free to go with her father.
Order Date :- 26.7.2018/SR