Court No. - 83
Case :- HABEAS CORPUS WRIT PETITION No. - 1054 of 2019 Petitioner :- Vineeta Chauhan (Corpus) And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramakant Singh Counsel for Respondent :- G.A.,Bharat Singh
Hon'ble Rajeev Misra,J.
1. Heard Mr. Ramakant Singh, learned counsel for petitioners, learned A.G.A. representing respondents 1, 2, 3 and 4 and Mr. Bharat Singh, learned counsel representing respondents 5, 6 and 7.
2. This Habeas Corpus Writ Petition has been filed by petitioner-2 Dharmendra Chauhan on behalf of petitioner-1, Vineeta Chauhan (corpus) with a prayer that corpus-Vineeta Chauhan be recovered and produced before Court and set her free.
3. Present writ petition came up for admission on 18.11.2019 and this Court passed the following order:
"Learned counsel on behalf of petitioners is permitted to make necessary correction in the memo of petition.
Heard learned counsel for the petitioners and learned AGA for the State.
Issue notice to respondent Nos. 5 to 7 for filing counter affidavit, if any, within a period of four weeks and producing the petitioner No.1, corpus (Vineeta Chauhan) before this Court on 3rd January, 2020.
Steps be taken within a week. List on 3rd January, 2020.
The petitioner No. 2 shall deposit a sum of Rs. 10,000/- with the Registrar General of this Court within one week after which notices shall be issued to respondent Nos. 5 to 7 and the amount so deposited shall be payable to petitioner No. 1 on her appearance before this Court."
4. Pursuant to above order dated 18.11.2019, learned A.G.A. has filed a progress report in Court today, which is taken on record. In compliance of order passed by this Court as well as Commissioner of Police, Varanasi, corpus has been recovered and produced before Court.
5. Corpus has been examined by Court. In reply to the query raised by this Court as to whether marriage of petitioner-1 (corpus) was solemnised with opposite party-2, Dharmendra Chauhan, she replied affirmative. To the question, as to whether she wants to accompany petitioner-2, corpus has replied in negative.. Corpus is major, she is free to reside whereever she wants. In the aforesaid circumstances, petitioner-2 has remedy by instituting a Suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights.
6. In view of above, present writ petition fails and is, therefore, liable to be dismissed.
7. It is accordingly dismissed.
8. Presence of corpus shall be marked in the order-sheet, which shall be endorsed by learned counsel appearing for petitioner-1 (corpus) as well as by learned counsel representing respondents 4, 5 and 6.
Order Date :- 29.9.2021 YK