Court No. - 81
Case :- HABEAS CORPUS WRIT PETITION No. - 637 of 2021 Petitioner :- Rohit Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyan Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri S.M. Yadav, holding brief of Sri Gyan Chandra Yadav, learned counsel for the petitioners and learned AGA for the State.
This habeas corpus writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Habeas Corpus directing the respondent nos.2 and 3 to produce the corpus i.e. petitioner no.2 before this Court from the illegal custody of respondent no.4 and set her at liberty and further may provide custody of corpus petitioner no.2 to the petitioner no.1.
Learned counsel for the petitioners submits that petitioner no.1 and petitioner no.2 are major and they have solemnized the marriage of their own sweet will. The respondent no.4, father of petitioner no.2 was not happy with the said marriage, however after some time he went to the house of petitioner no.1 and said that now he was happy with the said marriage and wanted to take the petitioner no.2 with him to his house. The respondent no.4 had taken her to his house and assured the petitioner no.1 that he will send her back in few days to his house. But now the respondent no.4 is not ready to send her back and has detained her in his illegal custody. Hence, the present habeas corpus writ petition has been filed.
Today when the case was taken up, a specific query was made by this Court to the learned counsel for the petitioners how this habeas corpus writ petition is maintainable in case the son or daughter even they are minor is in illegal custody of the father. Learned counsel has not been able to justify that the corpus- petitioner no.2 is in illegal custody of her father (respondent no.4) nor was able to show this Court any law in this regard.
Learned AGA has opposed the prayer made by learned counsel for the petitioners and has pointed out that corpus petitioner no.2 is not in illegal custody of respondent no.4, father of the corpus and hence, this habeas corpus writ petition is not maintainable.
After considering the arguments as advanced by learned counsel for the parties and after perusal of the record, this Court finds that there is no law as such in this regard that the custody of the girl with her father is illegal. The present writ petition has been filed only with the intention to defame the corpus in the society. Therefore, this habeas corpus writ petition is not maintainable. The petitioners may avail any other remedy available to him in accordance with law.
Accordingly, the writ petition is dismissed as not maintainable.
Order Date :- 29.9.2021 SP