Court No. - 88
Case :- HABEAS CORPUS WRIT PETITION No. - 660 of 2021 Petitioner :- Smt. Sarita And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Dutt Awasthi,Girja Shanker Sen Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri S.K, Tripathi, Advocate states that Sri K.N. Triptathi has filed Vakalatnama on behalf of respondent no.4 in the registery on 27.9.2021.
Heard Sri K.D. Awasthi, learned Counsel for the petitioners, learned A.G.A. for the State and Sri S.K. Tripathi, Advocate holding brief of Sri K.N. Tripathi, learned Counsel for respondent no.4.
This habeas Corpus writ petition has been filed by the petitioners with the allegation that corpus/petitioner no.1, Smt. Sarita is major and solemnized marriage with petitioner no.2. It is further alleged in the petition that corpus, Smt. Sarita was illegally detained by respondent no.4, who is father of petitioner no.1.
Learned Counsel appearing for respondent no.4 has produced the order passed by Child Welfare Committee, Shahjahanpur dated 26.8.2021 by which the corpus Smt. Sarita was handed over to the respondent no.4 by the Child Welfare Committee, Shahjahanpur after found that she is minor and is willing to go with her father.
In view of the above, since the corpus, Smt. Sarita is minor and she lived with her father with her own will, no cause of action arose to entertain the present petition.
The habeas corpus writ petition is dismissed accordingly.
Order Date :- 28.9.2021 S. Singh