Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 426 of 2019 Petitioner :- Jyoti Siddhu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- G.A.,Chandra Nath Bhatt
Hon'ble Rahul Chaturvedi,J.
Since the lawyers of the high court are on observing strike today, but the corpus is present in the Court. In the interest of justice and for the convenience of the corpus, I though it appropriate to take up this mater even during strike. None appeared for either of the parties, but in the presence of AGA, this habeas corpus petition is to be decided.
By means of the present habeas corpus the prayer sought is to issue direction to the respondent no. 1, 2 and 3 to produce Ms. Jyoti Siddhu before this Court, who is allegedly in the illegal detention of respondent no. 4.
Pursuant to the earlier order of the Court the corpus Ms. Jyoti Siddhu is present in the Court and she is dully identified by her counsel. She has come to the high court along with her father Sri Bhuwnesh Kumar from Amroha.
On making inquiry by the Court the corpus, she states that she is now married to one Akash Sirohi and her date of birth as per high school is 16.08.2000 when confronted with the marriage certificate annexed as annexure- 1 to the petition, she states that Anurag Chahal under the threat, has got her signature on the marriage certificate. She candidly denied any relationship with her "self styled" husband namely Anurag Chahal. She further submits that she does not want to go with Anurag Chahal and presently she resids happily with her husband Akash Sirohi.
Respecting the desire and wish of Ms. Jyoty Siddhu and keeping in view that she is a major girl, she has every right to decide her future. She cannot be illegally detained by respondent no. 4 or any other person and she is set at liberty to choose her future.
Accordingly, the present habeas corpus petition stands disposed of with a direction that the amount of Rs. 40,000/- so deposited by Anurag Chahal be released in favour of Ms. Jyoti Siddhu within 15 days from the production of certified copy of this order.
Order Date :- 27.8.2019 Nisha