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2025 DAILYLAW 31712 (ALL)

SATISH KUMAR JAISWAL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/224/2025 · 2025-05-11

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77175 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 224 of 2025 Petitioner :- Satish Kumar Jaiswal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Goel,Deepak Pandey,Lavlesh Kumar Sharma Counsel for Respondent :- Lal Chandra Mishra,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Rejoinder affidavit filed by learned counsel for the petitioners, is taken on record. Heard learned counsel for the petitioners Mr. Deepak Pandey, learned counsel for the respondent no. 4 Mr. Lal Chandra Mishra, learned A.G.A. for the State and perused the record. Pursuant to the orders dated 24.04.2025 and 30.04.2025 The Sub Registrar (Marriage), Tehsil Meja, District-Prayagraj is present before this Court to verify the marriage certificate issued by him under his signature. The said officer has verified the marriage certificate which is as per the required rules, therefore, his presence is exempted. The corpus Trisha Jaiswal, petitioner no. 2 is also present before this Court and on query being raised she states that she wants to go along with respondent no. 4 and has refused to go with her father Mr. Satish Kumar Jaiswal, i.e., the petitioner no.1. In compliance of the order dated 23.04.2025 respondent no. 4 has filed a supplementary affidavit dated 04.05.2025 mentioning the personal details of petitioner no. 2 and respondent no. 4, which are quoted as under: "(I) Petitioner no. 2 Smt. Trisha W/O Prasant Ray D/O Satish Kumar Jaiswal R/O Village Sihori Police Station Nandganj Tehsil Saidpur, District Ghazipur, and respondent no. 4 Prasant Ray S/O Rajman Ray R/O Village Sihori Police Station Nandganj Tehsil Saidpur, District Ghazipur/Correspondence Address Plot no. 47 flat no. 402 sector 2 ulave ulava Raigarh Maharashtra Pin Code 410206 at present Village Sihori Police Station Nandganj Tehsil Saidpur, District Ghazipur. (II) Deponent/Respondent no. 4 working in company of the Hitech WPVC Dor Bombay Maharashtra and draw salary 25,000 per month. (III) Petitioner no. 2 and respondent no. 4 use only one mobile no. 8429306025 at present time. (IV) That on 29.04.2025 petitioner no. 2 and respondent no. 4 appear before the registrar marriage Tehsil meza and submit the entire documents thereafter registrar registered deponents marriage. For kind perusal of this Hon'ble Court the true/photo copy of marriage registration certificate dated 29.04.2025 is being filed herewith and marked as Annexure No. 1 to this supplementary affidavit." Considering the aforesaid facts as the corpus states that she has not been illegally detained by her husband respondent no. 4 and is happily residing with him. Therefore, this habeas corpus writ petition is, accordingly, dismissed. Registrar (Compliance) shall ensure that the petitioner no.2 (corpus) and respondent no. 4 are sent to their destination safely and securely. Original records, if any, be returned back to the concerned Marriage Officer. Order Date :- 12.5.2025 Sunil Kr. Gupta Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad