Court No. - 60
Case :- HABEAS CORPUS WRIT PETITION No. - 3680 of 2018 Petitioner :- Jahul @ Jiya-Ul And Another Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Case was called but learned counsel for the petitioner is not present.
Sri Nigamendra Shukla, Advocate filed Vakalatnama along with counter affidavit and put in appearance on behalf of respondent Nos. 4 to 6.
In compliance of the order dated 25.09.2018, corpus Jahul @ Jiya-Ul (petitioner no. 1) has been produced before this Court today by respondent Nos. 4 to 6 and has been duly identified by Sri Nigamendra Shukla, learned counsel appearing for the respondent nos. 4 to 6. There is no dispute with regard to the age of majority of corpus.
On query being raised by this Court, the corpus Jahul @ Jiya-Ul (petitioner no. 1) refused to go with his father (petitioner no.1) and he stated that he is living with his wife and is not willing to go with his father. The statement of the corpus has been recorded separately in the order sheet of this case.
In view of the above, the Corpus Jahul @ Jiya-Ul (petitioner no. 1) is major and he refused to go with his father (respondent no.5), therefore, this Court could not compel the corpus to go with his father against his wishes. Hence, he is at liberty to go wherever he likes.
Accordingly, the writ petition is dismissed. Order Date :- 26.10.2018 Sartaj