Court No. - 10
Case :- HABEAS CORPUS WRIT PETITION No. - 3549 of 2018 Petitioner :- Smt. Shivani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mumtaz Ahmad Siddiqui,Syed Mohammed Jafer Husain Counsel for Respondent :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Vakalatnama filed by Sri J.B. Singh, Advocate on behalf of respondent no. 4 and progress report filed by learned AGA on behalf of respondent nos. 1 to 3 are taken on record.
Heard learned counsel for the petitioners, learned AGA for the State, Sri J.B. Singh, learned counsel for the respondent no. 4 and perused the record.
Learned counsel for the petitioners submits that corpus could not be produced by respondent no. 4, Avnish, due to illness and corpus has been produced by her mother Smt. Anita Tyagi before the Court, who is present in the Court. Corpus Shivani has been duly identified by Sri J.B. Singh, learned counsel for respondent no. 4.
Upon being enquired, corpus Shivani states that she is Class-XII pass and her date of birth is 18.10.1997. A photocopy of High School mark-sheet has been filed by the petitioners, which is Annexure no. 1 to the writ petition, according to which date of birth of corpus is 18.10.1997. She further states that she has performed marriage with petitioner no. 2, Rajnish Tyagi, in February, 2018. She further states that she does not want to go with petitioner no. 2 at present, as her parents want to send her with petitioner no. 2, in a proper manner. She further states that her parents were not ready to send her with petitioner no. 2, Rajnish Tyagi, earlier, when her statement before the police was recorded, but now her parents are ready to send her with petitioner no. 2, in a proper manner.
In view of the above, corpus Shivani is major and she states that she has performed marriage with petitioner no. 2, but she is not willing to go with him at present, as her parents are ready to send her with petitioner no. 2, in a proper manner. Hence, she is at liberty to go wherever she wishes.
Accordingly, the writ petition is disposed of.
Copy of the order be provided to learned counsel for the respondent no. 4, today itself.
Order Date :- 24.9.2018/SR