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2025 DAILYLAW 12293 (UTT)

MANOJ v. STATE OF UTTARAKHAND

HABC/33/2025 · 2025-10-15

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:9198-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Habeas Corpus Petition No.33 of 2025 15th October, 2025 Manoj ---Petitioner Versus State of Uttarakhand & Ors. ---Respondents -------------------------------------------------------------- Presence:- Mr. Shariq Khurshid, learned counsel for the petitioner Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State. -------------------------------------------------------------- JUDGMENT : (per Sri Subhash Upadhyay, J.) 1. Heard the learned counsel for the petitioner and the learned Deputy Advocate General for the State. 2. In sequel to the order passed by this Court, the Corpus is produced before the Court by Additional Sub Inspector Bharat Singh and Lady Constable 184 Pushpa Bisht, Police Station Bazpur, District Udham Singh Nagar. 3. This Court has interacted with the Corpus and she has submitted to the Court that she has solemnized 1 2025:UHC:9198-DB marriage with the petitioner on 30.06.2025. She also submitted that presently she is living with her parents but now she wish to go and reside with the petitioner. The father of the Corpus is also present. On being asked as to whether any pressure or duress has been exerted by him, he has submitted that he was not made aware of the marriage by the Corpus and as the Corpus is major as such he has no objection if the corpus desires to go with the petitioner. 4. In that view, the Corpus being a major and having expressed her desire to reside with the petitioner, present petition is allowed. Corpus is permitted to accompany the petitioner. The Additional Sub Inspector, P.S. Bazpur, District Udham Singh Nagar is directed to handover the custody of the corpus to the petitioner. (G. NARENDAR, C. J.) (SUBHASH UPADHYAY, J.) Dated: 15.10.2025 Rajni 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448 ac3701a9ae475a2547e4b7f1d9b1f17d01 342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4D F4FC80D4557562F95BEBA013F530616A1 58A0A878BD8, cn=RAJINI GUSAIN Date: 2025.10.16 11:41:14 +05'30'