Court No. - 81
Case :- HABEAS CORPUS WRIT PETITION No. - 582 of 2021 Petitioner :- Smt. Vishakha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhir Bharti,Brij Kumar Saroj Counsel for Respondent :- G.A.
Hon'ble Naveen Srivastava,J.
List has been revised. No one appears on behalf of petitioner even in the revised call. However, learned counsel for the respondent no. 4 and learned A.G.A. for the State are present.
This habeas corpus writ petition has been filed by the corpus- Smt. Vishakha through her husband i.e.Dharmendra Kumar for production of corpus, who is in illegal detention of respondent no.4.
In compliance of the order dated 27.8.2021, the corpus Smt. Vishakha has been produced before this Court today and she stated that her date of birth is 20.6.2007. It is further stated that she has not solemnized marriage with the petitioner namely Dharmendra Kumar. It is further stated in her statement that she is residing with her family on her own sweet will without any compulsion and coercion and expressed her desire to live with her family in future too.
According to her statement, her date of birth is 20.6.2007. According to that, she is appears to be minor.
Considering the aforesaid statements of corpus, this Court finds that petitioner Dharmendra Kumar wants to defame the image of Smt. Vishakha in the society and only with the said intention the present petition has been filed before this Court so that he may be able to succeed in his plan to anyhow get the custody of Vishakha whereas the girl refused any relation with one Dharmendra Kumar before this Court. The action of Dharmendra Kumar is illegal and against the norms of society in which we are living.
In view of the aforesaid, this petition is hereby dismissed. Order Date :- 25.10.2021 Mini