Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 4026 of 2018 Petitioner :- Smt. Simran Dhiman And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Amit Daga, Advocate has filed vakalatnama on behalf of respondent no.4, which is taken on record.
Heard learned counsel for the parties as well as learned A.G.A. for the State and perused the record.
The present writ petition has been filed by petitioner no.2 claiming himself to be husband of petitioner no.1, Smt. Simran Dhiman (corpus) and it is prayed that respondent no.4 be directed to produce the corpus before the Court and set her at liberty.
Submission of the learned counsel for the petitioners is that petitioner no.1, Smt. Simran Dhiman (corpus) has solemnized marriage with petitioner no.2 at Arya Samaj Tejalheda and also they got their marriage registered on 14.10.2018; marriage certificate has been annexed as Annexure-2 to the petition. It is further submitted that as the respondent no.4, father of the corpus, was against her marriage with petitioner no.2, he forcibly took the corpus along with him and she is being kept under illegal detention of respondent no.4.
Pursuant to the order of the Court, respondent no.4 has produced the corpus, Smt. Simran Dhiman before the Court today who has been duly identified by learned counsel for the respondent no.4. On being questioned, the corpus has stated that she is aged about 25 years and has unequivocally admitted to have solemnized marriage with petitioner no.2, Chandra Kant in an Arya Samaj Temple on 21.6.2018 and they also got their marriage registered. She has expressed her desire to go with her husband, petitioner no.2 from the Court itself.
In view of the unequivocal statement of the corpus who is a fully grown up matured girl, the instant habeas corpus writ petition is, accordingly, allowed.
The corpus, Smt. Simran Dhiman is permitted to go along with petitioner no.2 from the Court itself. Statement of the corpus in writing is taken on record.
The amount of Rs.20,000/- deposited by the petitioner no.2 shall be paid to the corpus, petitioner no.1 by the office of Registrar General of this Court after due verification.
Order Date :- 28.2.2019 Vikas