Court No. - 10
Case :- HABEAS CORPUS WRIT PETITION No. - 3564 of 2018 Petitioner :- Mohd Kaish @ Mohd. Arsad And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kalp Raj Singh,Satya Prakash Rathor Counsel for Respondent :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Vakalatnama filed by Sri Anand Kumar Singh, Advocate on behalf of respondent nos. 4 and 5 is taken on record.
Heard learned counsel for the petitioners, learned AGA for the State, Sri Anand Kumar Singh, learned counsel for respondent nos.4 and 5 and perused the record.
Respondent No. 4 Nand Lal Jaiswal and respondent no. 5 Shankar Lal Jaiswal are personally present before the Court and respondent no. 5 has produced the corpus Neha Jaiswal, in compliance of order of this Court, who has been duly identified by Sri Anand Kumar Singh, learned counsel for respondent Nos. 4 and 5.
Upon being enquired, the corpus Neha Jaiswal states that she is graduate. She further states that her date of birth is 04.05.1995. Photocopy of High School mark-sheet of the corpus has been filed, which is Annexure No. 1 to the writ petition, according to which date of birth of the corpus is 04.05.1995. In para no. 7 of the writ petition, averments have been made that date of birth of the corpus is 04.05.1995 and she is major. She further states that she has not performed marriage with Mohd. Kaish @ Mohd. Arsad (petitioner no. 1). She further states that she is not willing to go with petitioner no. 1, rather she is willing to live with her parents.
In view of above, the corpus Neha Jaiswal is major and she states that she has not performed marriage with Mohd. Kaish @ Mohd. Arsad (petitioner no. 1) and she is not willing to go with him, rather she wants to live with her parents. The petition is devoid of merit and is liable to be dismissed.
Accordingly, the petition is dismissed.
Copy of order be provided to learned counsel for respondent nos. 4 and 5, within 24 hours.
Order Date :- 25.9.2018 SR