Court No. - 85
Case :- HABEAS CORPUS WRIT PETITION No. - 474 of 2021 Petitioner :- Smt. Komal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Pandey,Phool Chandra Saroj Counsel for Respondent :- G.A.,Amar Nath Vishwakarma
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Amar Nath Vishwakarma, learned counsel for O.P. No. 2 and perused the record.
This writ petition has been filed with a prayers:
(i) to issue a writ order or direction in the nature of habeas corpus directing the respondents release the corpus/namely Smt. Komal forthwith without any further delay;
(ii) Issue any suitable writ, order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case.
In pursuance of the Court's order 29.07.2021 corpus Smt. Komal is present before the Court. Further in compliance of the court's order Pankaj Kumar, husband of the corpus has deposited a demand draft No. 360700 of Rs. 20,000/- through his counsel in the name of Smt. Komal. Corpus Smt. Komal has been produced before the Court, she stated before the court that she is well educated and has passed bachelor degree from Handia, District Prayagraj. At present, she is residing at Kariyaon Bhadoi with her parents. She had solemnized her marriage with Pankaj Kumar on 14.10.2020 in Arya Samaj Mandir as both were fallen in love. But due to some mis understanding now she does not want to live with her husband and she wants to live with her parents.
Considering the facts, circumstances of the case, submissions made by learned leaned counsel for the both the counsel, it is directed that corpus be released forthwith as she wants to live with her parents, she is major.
Office is directed to supply the demand draft of Rs. 20,000/- deposited by her husband Pankaj Kumar in pursuance of the court's order to the corpus Smt. Komal immediately.
Accordingly, the writ petition is dismissed.
Order Date :- 24.8.2021 RPD