Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 3983 of 2018 Petitioner :- Smt. Karishma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mithilesh Kumar Shukla, learned counsel for the petitioners as well as the learned A.G.A. for the State and perused the record.
The instant habeas corpus writ petition has been filed by petitioner no. 1, Smt. Karishma (corpus) under alleged illegal detention and also by petitioner no. 2, Shyambeer Singh, who claims himself to be husband of petitioner no. 1.
As per the office report dated 26.2.2019, it is reported that C.J.M., Firozabad has submitted a report that notice has been served personally upon respondent no.4 who happens to be father of the corpus, yet no one has appeared on his behalf nor any objection has been filed.
Submission of the learned counsel for the petitioners is that the corpus, Smt. Karishma is major and she has solemnized marriage with petitioner no.2 and also got their marriage registered on 27.10.2018 before the Registrar, Hindu Marriages, Kanpur Nagar, whose copy has been annexed as Annexure-1 to the writ petition. It is further submitted that in fact the corpus has already joined the company of petitioner no.2 on 18.1.2019 and last two occasions she had also appeared before the Court along with petitioner no.2, however, since no notice had been served on respondent no.4, the matter was posted for today.
As per the report submitted by the C.J.M., Firozabad, notice has been served personally on respondent no.4, however, no one is present on his behalf and it appears that respondent no.4 is not interested in contesting the matter. In view of it, I propose to record the statement of corpus, Smt. Karishma who is identified by learned counsel for the petitioner on the basis of her Aadhar Card and on the information provided to him by petitioner no.2. On being questioned, she states that she is aged about 19 years and she has solemnized marriage with petitioner no.2, Shyambeer Singh and she is living with him as his wife. She further stated that she had left her parental home on 18.1.2019 and since then she is living with her husband, petitioner no.2.
In view of the categorical statement of petitioner no.1, Smt. Karishma, this habeas corpus writ petition is allowed.
The amount of Rs. 20,000/- deposited by petitioner no. 2 shall be paid to petitioner no. 1 by the office of Registrar General of this Court. The signature of petitioner no. 1 is being taken on the order-sheet.
Order Date :- 27.2.2019 Vikas