Court No. - 10
Case :- HABEAS CORPUS WRIT PETITION No. - 2983 of 2018 Petitioner :- Neelam Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.,Ramanuj Tripathi
Hon'ble Daya Shankar Tripathi,J.
Progress report/affidavit filed on behalf of respondent Nos.1 and 2, is taken on record.
Heard Learned counsel for the petitioners, learned AGA for the State, Sri Ramanuj Triapthi, learned counsel for respondent Nos.3 and 4 and perused the record.
Respondent No.3, Devendra Kumar and respondent No.4, Smt. Vimlesh, are personally present before the Court and they have produced the corpus Neelam Devi (petitioner No.1), in compliance to order of this Court, who has been duly identified by Sri Ramanuj Triapthi, learned counsel for respondent Nos.3 and 4.
Upon being enquired, the corpus, Neelam Devi states that she had appeared in the examination of Class 8th in the year 2014 and her date of birth is 26.06.1996. In paragraph No.7 of the writ petition, averments have been made that the corpus is major. Learned counsel for the petitioners submits that he is not disputing the date of birth of the corpus and her majority. She further states that she knows petitioner No.2, Rakesh and she had performed marriage with him on her own will. She further states that petitioner No.2, Rakesh used to beat her, hence she is not now willing to go with him, rather she wants to live with her parents.
In view of above, the corpus Neelam Devi is major and she states that her husband, petitioner No.2 - Rakesh used to beat her, hence she is not willing to go with him, rather she wants to live with her parents. Hence, the petition is devoid of merit and it is liable to be dismissed.
Accordingly, the writ petition is dismissed.
An amount of Rs.20,000/- deposited by petitioner No.2, in compliance to order dated 28.03.2018, be provided to the corpus, Neelam Devi (petitioner No.1).
A copy of this order be provided to the learned counsel for the petitioners today.
Order Date :- 24.9.2018 atul