Heard Mr. Dilip Kumar Dubey, learned counsel for petitioners, learned A.G.A. representing respondents 1, 2, 3 and 4 and Mr. Sandeep Kumar Pandey, learned counsel representing respondents 5, 6 and 7.
This Habeas Corpus Writ Petition has been filed by petitioners seeking production of corpus i.e. petitioner 2 who is alleged to be in illegal custody of respondents 5, 6 and 7.
Present petition cam up for admission on 5.8.2021 and this Court passed following order:-
"Learned A.G.A. has accepted notice on behalf of respondent nos. 1, 2, 3 and 4.
Issue notice to respondent nos. 5, 6 and 7. Steps be taken within a week.
List this case on 17.08.2021 as fresh, on which date petitioner no.1 (corpus) shall be produced by respondent no.5, mother of corpus, before this Court.
However notice shall only be issued to respondent nos.5, 6 and 7 if the petitioner no.1 (MithunKumar Kannoujiya) deposits an amount of Rs.10,000/- by way of Bank Draft drawn in favour of petitioner no.2, Smt. Komal (corpus) in the office of the Registrar General of this Court within a period of 5 days from today.
In case, the said amount is not deposited within the period prescribed above, no notice shall be issued to respondent nos. 5, 6 and 7."
Subsequently, this Court passed another order dated 17.8.2021, which reads as under:-
"Learned counsel for the respondent nos. 5 to 7 states that he shall ensure the production of corpus- petitioner no.2 Smt. Komal on 26.08.2021 before this Court.
In view of the above statement, put up as fresh on 26.08.2021."
Pursuant to above orders dated 5.8.2021 and 17.8.2021, corpus namely Smt. Komal has been produced in Court today under police protection.
Corpus has been examined by Court. Corpus has duly admitted her marriage with petitioner 1 Mithun Kumar Kannoujiya. However, corpus has categorically stated that she is residing with respondents 5, 6 and 7 out of her own free will and she is not in their illegal custody. To the prayer of petitioner 1 to have the company of corpus, corpus has categorically denied. Corpus does not wish to reside with petitioner 1 at this stage.
Learned counsel for respondents 5, 6 and 7 contends that proceedings under Section 498A have been initiated by petitioner 2 against petitioner 1.
Having heard learned counsel for petitioners, learned A.G.A. for State and Mr. Sandeep Kumar Pandey, learned counsel representing respondents 5, 6 and 7, the Court finds that corpus Smt. Komal alias Bindu is major. Corpus is residing with respondents 5, 6 and 7 out of her own free will and she is not in illegal custody of respondents 5, 6 and 7. As the corpus is major and she does not wish to reside with petitioner 1 at this stage, no case for interference is made out.
In view of above, present Habeas Corpus Writ Petition fails and is liable to be dismissed.
It is, accordingly, dismissed.
Amount of Rs. 10,000/- deposited by petitioner 1 in the registry of this Court shall be remitted to petitioner 2.
Presence of corpus shall be endorsed on order sheet which shall be verified by counsel.
Order Date :- 26.8.2021 HSM