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2015 DIGILAW 1607 (ALL)

Arti Devi Thru. Her Husband Vinay Kumar v. State of U. P. Thru. Prin. Secy. , Home

2015-06-23

OM PRAKASH VII

body2015
JUDGMENT Om Prakash-VII, J. Vakalatnama filed by Sri Satendra Singh Rana, advocate on behalf of opposite parties no.5 & 6 as well as corpus Arti Devi is taken on record. 2. In compliance of earlier order passed by the Court, Rs.15000/- has been deposited by the petitioner with the Registry of this Court. 3. Today, corpus Arti Devi and opposite party no.5 Ghanshyam (husband) are present in person in Court and are identified by their counsel. They have been produced by S.I. Jitendra Bahadur Singh of Police Station Isha Nagar, District Lakhimpur Kheri, who is also present in Court in compliance of the order dated 29.5.2015 passed by the Court. 4. On query made by the Court, corpus Arti Devi states that she has come to the Court along with her husband Ghanshyam (opposite party no.5) from village Lokiha Malhpur, P.S. Isha Nagar, Distt. Lakhimpur Kheri, where she is residing. She does not want to go with the petitioner. She is married and she wants to go with her husband Ghanshyam, who is present in Court. 5. Heard learned counsel for the parties and perused the record. It is not disputed between the parties that the corpus is major. According to her statement, she is married to opposite party no.5 Ghanshyam and she wants to live with him. Besides this, petitioner claims himself to be the husband of the corpus. 6. This Court, in this proceeding, cannot decide the validity of the marriage. All the disputed questions of fact can only be adjudicated either in the regular Court or in the Family Court. 7. In the present matter, considering the statement made by the corpus, it cannot be said that she is illegally detained by opposite parties no.5 & 6. Since corpus Arti Devi is major, she is free to go anywhere according to her wishes. Petition stands disposed of accordingly. 8. The Registry of this Court shall release the aforesaid amount, as deposited by the petitioner, in favour of the corpus Arti Devi on her moving a proper application in this regard after proper identification.