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2011 DIGILAW 1065 (ALL)

Sudha v. State Of U. P.

2011-04-25

VINOD PRASAD

body2011
JUDGMENT Hon'ble Vinod Prasad,J. This Habeas Corpus Writ Petition has been filed by Sanjay seeking a writ of habeas corpus in respect of his wife Sudha. According to the claim by the husband Sanjay, Sudha has been illegally detained by her mother Smt. Malti respondent no. 2 and her brother Sonu respondent no. 3. 2. This Court on 25.2.2011 directed respondent no. 2 Smt. Malti to produce Sudha before this Court on 7.4.2011. After that this petition has come up before this Court today as it is printed in the cause list at serial no. 6. Since the determination of Court No. 41 has been transferred to this Bench under the orders passed by Hon'ble The Chief Justice, the present Habeas Corpus Writ Petition was taken up for admission / final disposal. 3. Sudha is personally present before this Court. She has been identified by Sanjay, who is also present in Court. On being questioned by the Court, Sudha informed that she is 25 years of age and Sanjay is her husband. They have been blessed with a son Vishal, who is now six and half years of age. Smt. Malti respondent no. 2 is her mother and Sonu respondent no. 1 is her brother. She refused blankly that the aforesaid respondents have detained her illegally. 4. On the contrary, she stated that soon after her marriage under the influence of alcohol, her husband used to maltreat and assault her. She is living with her mother and brother on her own volition. She also denied the allegations that her mother and brother have solemnized her bigamous marriage. Statement of Sudha was recorded in open Court, which is taken on record. She has certified the statements so taken to be true and correct narration of her deposition. 5. I have heard Sri Abhishek Mayank, learned counsel for the petitioner and Varun Deo Sharma, learned counsel appearing on behalf of respondent nos. 2 and 3 and have perused the material on record. 6. Admittedly, Sudha is major. She is a mother of a child of six and half years. She had denied on certain terms accepted that she is living with her mother and brother on her own volition because of maltreatment meeted to her by her husband. Allegation by her husband in this Habeas Corpus Writ Petition against Smt. Malti and Sonu are wild and without any basis. She had denied on certain terms accepted that she is living with her mother and brother on her own volition because of maltreatment meeted to her by her husband. Allegation by her husband in this Habeas Corpus Writ Petition against Smt. Malti and Sonu are wild and without any basis. Sudha intimated the Court that her husband is working in Army mess. 7. Since the corpus is major and she is not under any restrained illegally against her wish, this Habeas Corpus Writ Petition is baseless and is hereby dismissed with a cost of Rs. 50,000/-, which petitioner Sanjay S/o Prahlad Thakur R/o Khuldabad Mandi, P.S. Khuldabad, District Allahabad is directed to pay within one month to Sudha. If Sanjay does not pay the aforesaid amount, certified copy of this order is directed to be produced before C.J.M., Allahabad, who is directed to get the aforesaid amount realized by resorting to all cocercive legal measures within one month and hand it over to Smt. Sudha W/o Sanjay by noticing her. 8. With the aforesaid direction, this Habeas Corpus Writ Petition stands dismissed.