Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 3731 of 2018 Petitioner :- Satish Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Majahar Ali Counsel for Respondent :- G.A.,V.K. Ojha
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
The instant habeas corpus petition has been filed by petitioner no. 1 claiming himself to be husband of petitioner no. 2 Smt. Soman (corpus) with a prayer for directing the respondent no. 4 to produce the corpus before the court and set her at liberty.
Learned counsel for the petitioner submitted that petitioner nos. 1 and 2 are major and they have solemnized marriage in a temple. However, as the respondent no. 4 father of the corpus was against the marriage lodged F.I.R., pursuant thereof, corpus was produced before the Magistrate and her statement recorded u/s 164 Cr.P.C. in which she has stated that she was married with petitioner no. 1 of her own free will voluntarily.
Pursuant to order dated 9.10.2018 petitioner no. 2 Smt. Soman (corpus) has been produced before the Court by respondent no. 4, who has been duly identified by counsel for the respondent no. 4.
On being queried the corpus did not deny the marriage with petitioner no. 1 in unequivocal terms but stated that it was performed keeping her in dark and had given statement u/s 164 Cr.P.C. under duress. However, she stated that she is not under any illegal detention of her father and does not want to go with the petitioner no. 1 and she may be allowed to go along with her father respondent no. 4.
In view of the statement of the corpus the Court is left with no other option but to dismiss the writ petition as the same is bereft of merit.
The writ petition is accordingly dismissed.
Out of Rs. 10,000/- deposited by the petitioner no. 1, Rs. 5,000/- shall be paid to corpus- Smt. Soman by the Registrar General of this Court by account payee cheque or demand draft through her counsel and remaining amount of Rs. 5,000/- shall be refunded to petitioner no. 1 through his counsel.
Order Date :- 23.1.2019 Dhirendra/