High CourtsSingle Bench(2020) 11 AHC CK 0017

Om Prakash And Ors vs State Of U.P And Ors

Allahabad High Court · Decided on 11 November 2020

HON’BLE JUDGES
J.J. Munir, J
RESULT
Dismissed
CASE NUMBER
Habeas Corpus Writ Petition No. 571 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

28 paragraphs · 308 words

Sri Radhey Shyam Yadav, Advocate, has put in appearance on behalf of respondent nos. 4 and 5, which is taken on record.

In compliance with the rule nisi issued by this Court on 09.11.2020, the detenue, Seeta, has been produced before this Court by Sri Radhey Shyam Yadav, learned counsel appearing on behalf of respondent nos. 4 and 5, who has identified the detenue on the basis of papers produced before him in his chambers. This Court, accordingly, proceeds to ascertain the stand of the detenue, Shivani in the matter, which is recorded verbatim :-

Q. Aapka naam?

A. Seeta Devi.

Q. Aapke pitaji ka naam?

A. Om Prakash.

Q. Aapki aayu?

A. 25 saal.

Q. Aap kahan se aayi hain?

A. Delhi se.

Q. Waha se kiske paas se aayi hain?

A. Apne husband ke paas se.

Q. Aapke husband ka naam kya hai?

A. Praveen Kumar Yadav.

Q. Kya aapne apni marzi se shaadi ki hai?

A. Haa.

Q. Aap dono ki shaadi kab huyi thi?

A. 08.09.2020.

Q. Kya aap apne pati ke saath apni marzi se hain?

A. Haa.

Q. Aapke saath kisi ne koi zor-zabardasti toh nahi ki?

A. Nahi.

Q. Aap kiske saath rehna chahti hain?

A. Apne husband ke saath.

Heard Sri Dharmendra Kumar Tripathi, learned counsel for the petitioners, Sri Radhey Shyam Yadav, learned counsel appearing on behalf of respondent nos. 4 and 5 and Sri Sanjay Sharma, learned A.G.A. appearing on behalf of respondent nos. 1, 2 and 3.

This Court has considered the detenue's stand, where she has clearly stated that she has married Praveen Yadav alias Rashu of her free will and staying with him voluntarily. There is no illegal restraint or confinement.

In the circumstances, the rule nisi cannot be made absolute. It is, accordingly, discharged.

In the result, the writ petition fails and stands dismissed.