Court No. - 10
Case :- HABEAS CORPUS WRIT PETITION No. - 3554 of 2018 Petitioner :- Bablu Kumar And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vimal Chandra,Shyam Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Vakalatnama filed by Sri Anil Kumar Pathak, Advocate on behalf of respondent no. 5 is taken on record.
Heard learned counsel for the petitioners, learned AGA for the State, Sri Anil Kumar Pathak, learned counsel for respondent no.5 and perused the record.
Respondent No.5 Kamlesh Bhartiya is personally present before the Court and has produced the corpus Smt. Pooja Vishwakarma (petitioner no. 2) and Raj (petitioner no. 3) in compliance of order of this Court, who have been duly identified by Sri Anil Kumar Pathak, learned counsel for respondent No. 5.
Upon being enquired, the corpus Smt. Pooja Vishwakarma states that she is illiterate. She further states that she is aged about 22 years. In para 6 of the writ petition, averments have been made that corpus Smt. Pooja Vishwakarma is aged about 25 years. Learned counsel for the petitioners submits that he is not disputing the age and majority of the corpus. She further states that she has solemnized marriage with Bablu Kumar (petitioner no. 1) and there is one child aged about three years (petitioner no. 3) from their wedlock. She further states that she and her husband (petitioner no. 1) were living on rented house of respondent no. 5. She further states that she is not willing to go with her husband petitioner no. 1, due to the fact that her husband had sold the girl of landlord, regarding which FIR was lodged against her husband and her family life is ruined. She further states that she is still living in the said rented house and she will continue to live in the same rented house.
In view of above, the corpus Smt. Pooja Vishwakarma is major and she states that she had performed marriage with petitioner no. 1, but she is not willing to go with him, due to the fact that her husband had sold girl of landlord, regarding which FIR was lodged against her husband and her family life is ruined. The petition is devoid of merit and is liable to be dismissed.
Accordingly, the petition is dismissed.
Copy of the order be provided to learned counsel for respondent no. 5, within 24 hours.
Order Date :- 25.9.2018 SR