Court No. - 49
Case :- HABEAS CORPUS WRIT PETITION No. - 441 of 2021 Petitioner :- Sania Parveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hare Krishna Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Hare Krishna Mishra, learned counsel for the petitioners, Sri Om Prakash Mishra, learned counsel for respondent no.4 and Ms. Alpana Singh, learned AGA for the State.
2. Respondent no.4 and his wife- Ruksar have produced corpus- Sania Parveen d/o Late Mohd. Rasheed Ansari.
3. This Court talked to Sania Parveen and she stated in open Court that she is living with her sister as her brother Imran Ansari, her mami- Sama Parveen and mama Mumtaz used to beat her and harass her continuously after death of her parents.
4. This Court requested Sri Yusuf to call for his wife in the Court and when she is called, then she states that Sania, Imran and Ruksar are real brothers and sisters. After death of her father, Mumtaz and Sama Parveen had taken care of the kids for sometime, but later on as Sania Parveen is mentally challenged person, therefore, she is getting pension after death of her father Late Mohd. Rasheed Ansari, who was an employee of Accountant Generals Office.
5. It is stated that bone of contention is to corner large junk of pension admissible to Sania Parveen and out of that greed for money, she was brutally beaten by Sama Parveen and Mumtaz, in which many a time even Imram Ansari used to be a party.
6. Ms. Ruksar further stated that she has studied up to Intermediate and understands her good and bad. She is keeping her sister- Sania keeping her well being and respondent no.4- Yusuf is her husband and they are having peaceful and cordial matrimonial life and the allegations made in para 9 of the petition that Yusuf, husband of Ruksar Jahan, started to compel Sania Parveen to make nikah with Yusuf is a false statement. She further stated that neither Mumtaz nor Sama Parveen or Imran Ansari are legally appointed guardian of Sania Parveen.
7. At this stage, Ms. Alpana Singh, learned AGA submits that this allegation appears to be false on face of it because the moment Sania enters into a wedlock, then she will cease to enjoy the family pension she is getting on account of death of her father Sri Mohd. Rashid Ansari.
8. At this stage, Sri Hare Krishna Mishra, learned counsel for the petitioners submits that as per the date of birth certificate of Sania, enclosed by the petitioners, her date of birth is 25.08.2003.
9. In view of such facts, even if it is accepted that date of birth on the certificate issued by Prayagraj Municipal Corporation is 25.08.2003, but Ms. Ruksar has made a statement that Sania Parveen was admitted in nursery and had taken education up to LKG in Balmitra School, Dhoomanganj Allahabad and this birth certificate has been issued by the Prayagraj Municipal Corporation 15.11.2019 i.e. after death of father of the corpus- Sania Parveen.
10. It cannot be said that she is under illegal custody of her sister and apparently wild allegations have been made against respondent no.4- husband of Ms. Ruksar without substantiating any of the allegations and it prima facie appears to be a case where custody of corpus is being sought more out of greed then out of concern for protection of the corpus.
11. Petition fails and is dismissed.
12. At this stage, Sri Om Prakash Mishra, learned counsel for respondent no.4 submits that there is some danger to the health and safety of the corpus and respondent no.4 as well as Ms. Ruksar, who is carrying her minor daughter in her lap and police is directed to take them to their house in safe custody.
12. Sri Hare Krishna Mishra, learned counsel for the petitioners undertakes to instruct his clients not to attempt to cause any damage or cause any damage to either the corpus or any of the respondents, failing which this Court may be constrained to pass strict adverse orders against the petitioner no.2 and the persons who are found guilty of causing such obstruction.
13. However, keeping in mind safety of the corpus, Sri Misrilal Chaurasia, Constable of this Court is directed to take corpus and her relatives in safe custody to the police chauki attached to the High Court. Registrar General of this High Court is requested to provide adequate security so the corpus and her sister- Ms. Ruksar and her brother-in-law Sri Yusuf to take them safely to Kanpur.
Order Date :- 12.8.2021 Ravi/-