Court No. - 52 Case :- HABEAS CORPUS WRIT PETITION No. - 60396 of 2014
Petitioner :- Nazish Begam And Another
Respondent :- State Of U.P. Thru Secy. And 3 Others
Counsel for Petitioner :- Rajesh Kumar
Counsel for Respondent :- Govt.Advocate,Syed Wajid Ali
Hon'ble Manoj Misra,J.
Heard Sri Rajesh Kumar for the petitioners, learned A.G.A. for the respondent nos.1 and 2 and Sri Syed Wajid Ali for the respondent nos.3, 4 and 5.
The instant petition has been filed by the petitioner no.2 for production of the petitioner no.1 (Nazish Begam-corpus), who is alleged to be in illegal custody of the respondent nos.3 to 5. It has been alleged in the petition that the petitioner no.2 married the corpus and the marriage was registered under the Special Marriages Act, 1954 and a certificate to that effect was also issued, which has been appended as Annexure No.1 to the petition. It has also been alleged that the corpus is an adult whose date of birth is 27.06.1990 and is being illegally detained by the respondent nos.3 to 5.
In view of the averments made in the petition, by order dated 13.11.2014, notices were issued to the respondent nos.3 to 5 to produce the corpus before the Court subject to deposit of Rs.10,000/- as security in the name of Registrar General of this Court which was to be forfeited as cost to the opposite parties in the event the allegations made in the petition were found to be false.
Pursuant to the above direction, Sri Syed Wajid Ali, who has appeared on behalf of the respondent nos.3 to 5, has produced the corpus (Nazish Begam) before the Court today, who has been identified by Sri Syed Wajid Ali and her identity has not been disputed by the learned counsel for the petitioner. Upon query by the Court, the corpus (Nazish Begam) stated that she is an adult, aged about 24 years, and is an undergraduate student. She has stated that she has been voluntarily residing with the respondent nos.3 to 5 and that she does not wish to go with the petitioner no.2. She has also alleged that her marriage with the petitioner no.1 was an outcome of fraud played on her.
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The learned counsel for the petitioner has disputed the allegation that the marriage of the corpus with the petitioner no.2 was an outcome of fraud.
Be that as it may, since the corpus has clearly disclosed before the Court that she is voluntarily residing with the respondent nos.3 to 5 and that she does not wish to go with the petitioner no.2, the habeas corpus petition stands dismissed. Rs.10,000/- that has been deposited by the petitioner before this Court under the order dated 13.11.2014, shall be released in favour of the corpus (Nazish Begam).
Order Date :- 4.2.2015 AKShukla/-
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