Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 3984 of 2018 Petitioner :- Smt. Jyotipal And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Respondent :- G.A.,Akhilesh Kumar Ojha
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioners, Sri, A.K.Ojha, learned counsel for the respondent Nos.4, 5 and 6 and the learned A.G.A. for the State.
The instant habeas corpus writ petition has been filed for issuing a writ in the nature of habeas corpus directing the respondent nos. 4,5 and 6 to produce the petitioner no.1, Smt. Jyotipal (corpus) before the Court and she may be permitted to go with petitioner no.2.
Learned counsel for the petitioners submits that the petitioner no.1, Jyotipal is a major aged about 21 years and she has solemnized marriage with petitioner no.2 of her own free-will and they got their marriage registered before the Registrar Marriages on 30.10.2018. It is further argued that respondent no. 4, 5 and 6 are real brothers of petitioner no. 1, corpus, forcibly took her along with them and since then she is being detained illegally as they are against their marriage.
Pursuant to order dated 11.12.2018 respondent nos. 4, 5 and 6 have produced the corpus before the Court today who has been duly identified by counsel for the respondents no. 4.
On being questioned she has stated that she is aged about 21 years and she has admitted to have solemnized marriage with petitioner no. 2 but stated that it was done after administering something and she was unconscious, she was confronted with marriage certificate and photographs in which she was touching feet of petitioner no. 2, she stated that the photographs were also taken when she was not in senses. However, she does not specifically deny the marriage with petitioner no. 2 but stated that she does not want to live with petitioner no. 2 and expressed her desire to go with her parents.
In view of the statement made by the corpus that she is not under any illegal detention or captivity of respondent no. 4, 5 and 6 and she wants to go with them, thus, without entering into the factual dispute regarding marriage and other facts and circumstances of the case the writ petition is dismissed.
The Registrar General of this Court is directed that out of the amount of Rs. 20,000/- deposited by petitioner no. 2, Rs. 3000/- shall be paid to the corpus by a demand draft through her counsel after due verification and Rs. 10,000/- shall be return back to petitioner no. 2 and Rs. 7,000 shall be forwarded by way of demand draft in favour of "Army Welfare Fund Battle Casualties" payable at New Delhi at the following address:-
"Director Accounts Section Adjutant General's Branch Ceremonial & Welfare Directorate IHQ of MoD (Army) New Delhi-110011"
Order Date :- 25.2.2019 Dhirendra/