Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 271 of 2019 Petitioner :- Gyan Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Narayan Dubey Counsel for Respondent :- G.A.,Prem Chandra Patel,Vindhyachal Singh
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the parties and learned A.G.A. for the State and perused the record.
The present habeas corpus writ petition has been filed by petitioner no.1 who is the mother of corpus, Sarita Devi @ Urmila Devi with a prayer to issue a writ in the nature of habeas corpus directing the respondent no.4 to produce the corpus the corpus before the Court and her custody may be given to her.
Though, there is no direction for respondent no.4 to produce the corpus before the Court, however, respondent no.4 has come to the Court along with the corpus, petitioner no.2 who has been duly identified by learned counsel for the parties. Learned counsel for the parties have submitted that without entering into factual controversy, the Court may proceed to record the statement of the corpus and decide the present writ petition in terms of the statement of the corpus.
On being questioned, the corpus has stated that she is major and aged about 20 years and her age in the school records has been shown less by her parents. She further stated that she has solemnized marriage with respondent no.4 and is leading a happy married life with him and she is not under any illegal detention or captivity of respondent no.4.
In view of the categorical statement of the corpus, the present habeas corpus writ petition is bereft of merits and the same is, accordingly, dismissed.
The corpus is set at liberty and she being major is free to go with whomsoever she wants.
Order Date :- 30.4.2019 Vikas