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2015 DIGILAW 1584 (ALL)

Chandrawati Thru. Her Husband Mahendra Kumar v. State of U. P. Thru. Secretary, Home

2015-06-19

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. This Habeas Corpus petition has been filed through alleged husband Mahendra Kumar for direction to opposite parties to produce the detenue Km. Chandrawati before this Court and for setting her at liberty to go with her husband on the ground that Km. Chandrawati is major and married wife of Sri Mahahendra Kumar. It is also alleged that she has been illegally detained by her father opposite party no.4. 2. Vide order dated 12.06.2015 this Court directed to Station House Officer, Jalalpur, District Ambedkar Nagar to produce Km. Chandrawati before this Court on the date fixed i.e. 19.06.2015. 3. In compliance of order dated 12.06.2015 Km. Chandrawati brought by Sri Ram Harsh Yadav, Sub Inspector, Police Station Mahrua, District Ambedkar Nagar has been produced before this Court. 4. Chandrawati has stated before this Court that she is aged 17 years and she is living at her parents house with her own freewill in village and post Subhakarpur, P.S. Mahrua, District Ambedkar Nagar and at present she is living there. She further stated that it is wrong to say that she is illegally detained against her wishes. The statement of Km. Chandrawati recorded in Court today is taken on record. 5. Learned A.G.A. did not dispute the aforesaid position. In view of the aforesaid facts and circumstances of the case and considering the statement of Km. Chandrawati, this court finds that Km. Chandrawati is not illegally detained by her parents and she is living with her parents with her own freewill and therefore this habeas corpus petition fails and deserves to be dismissed. Accordingly, the present habeas corpus petition is dismissed.