Court No. - 68
Case :- HABEAS CORPUS WRIT PETITION No. - 692 of 2021 Petitioner :- Smt. Roshni And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rama Shanker Mishra Counsel for Respondent :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Vinay Kumar Tripathi, Advocate holding brief of Shri Rama Shanker Mishra, learned counsel for the petitioner and learned A.G.A are present.
This Habeas Corpus Writ Petition has been filed by the petitioners to issue ad intrim mandamus directing the respondent to produce the corpus petitioner no. 1 (Smt. Roshini) before this Court.
Brief facts of the case is that petitioner no. 1 is major according to her High School certificate issued by U.P. Board, Allahabad, in which her date of birth is recorded as 20.06.2003 and as such she is aged about 18 years and is able to take decision regarding her life and marriage. Petitioner no. 2 is also major and his date of birth recorded as 04.03.1994 in High School certificate issued by U.P. Board, Allahabad and as such he is aged 27 years.
Learned counsel for the petitioners submits that petitioner no. 1 and 2 solemnized their marriage on 30.06.2021 in Shiv Temple Babujai, District Shahjahanpur and thereafter they have registered their marriage before Marriage Registration Officer, District Shahjahanpur on 14.07.2021. Learned counsel for petitioners further submitted that on 04.09.2021 when petitioners came to their house at Kant, Shahajahanpur, at the same time respondent no. 4 and 5 came there and accepted their marriage and taken away petitioner no. 1 with them. But when petitioner no. 2 gone to petitioner no. 1 house to take her on 06.09.2021, respondent no. 4 and 5 beaten him and threatened to kill him.
Since the petitioners have not disputed the age of the corpus in this petition and the petition was filed on behalf of the corpus with the allegations that she has been illegally detained by respondent No. 4 and 5 against her will hence after that custody of corpus is illegal and therefore, petition lacks merit and deserves to be dismissed.
Accordingly, the petition is dismissed with alternative remedy available under Section 9 of Hindu marriage Act.
Order Date :- 29.10.2021 PS