Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 442 of 2019 Petitioner :- Smt. Soni And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the petitioners and learned A.G.A. for the State.
The present writ petition has been filed with the prayer to issue a writ or direction in the nature of habeas corpus directing the respondent no.4 to produce the petitioner no.1- Smt. Soni (corpus) before the Court and she may be given in the custody of petitioner no.2 who claims himself to be husband of the corpus.
It is not disputed that marriage of petitioner no.1- Smt. Soni (corpus) was solemnized with petitioner no.2 six years back according to Hindu rites and customs. Learned counsel has argued that the corpus, petitioner no.1 has eloped with respondent no.4 and in this behalf a Non-Cognizable Report has been registered under Section 498 I.P.C. on an application moved by petitioner no.2.
In my considered opinion, as the corpus is major and it appears that she left her matrimonial home on account of some discord with petitioner no.2 and there is nothing to suggest that the corpus is under any illegal detention of respondent no.4.
The present habeas corpus writ petition is bereft of merits and the same is, accordingly, dismissed.
Order Date :- 29.4.2019 Vikas