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2025 DAILYLAW 43484 (ALL)

MAHADEV PRASAD CORPUS AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/319/2025 · 2025-05-29

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93320 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 319 of 2025 Petitioner :- Mahadev Prasad Corpus And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Yadav,Sunil Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. An Affidavit has been filed by counsel for the petitioner No. 1 is kept on record. Heard learned counsel for the petitioners, learned counsel for the respondent Nos. 4 and 5, learned A.GA. for the State and perused the record. Pursuant to the order dated 08.05.2025, the petitioner No. 1 Mahadev Prasad (corpus) is present before this Court. On the query being raised, petitioner No. 1 Mahadev Prasad (corpus) has informed that he is a retired defence personnel and is drawing Rs.40,000/- as pension and some amount is being deducted for the loan purposes. He has received a lump-sum amount of Rs. 50 lakhs as retiral benefits and has other sources of income as well. Due to bitter relations between the couple, the corpus residing at Mathura while petitioner No. 2 Smt. Kamlesh (wife of the corpus) is residing at Karnataka and the couple have three unmarried young children. The petitioner No. 1 Mahadev Prasad (corpus) has shown his willingness to stay at Karnataka but at a separate accommodation and shall give the require financial support to his wife and children to the best of his ability. He has also assured that he will not keep any unnecessarily connection with respondent Nos. 4 and 5. With the aforesaid direction, the petition is disposed of. Registrar (Compliance) shall ensure that Registrar General, High Court, Karnataka to facilitate the petitioner No. 1 Mahadev Prasad (corpus) that he resides at Karnataka as per his convenience and renders the required financial support to his family. Order on Recall Application No. 02 of 2025 The recall application moved for recalling of the order dated 08.05.2025 regarding the payment of Rs.40,000/- is hereby rejected. Today, the petitioner No. 1 Mahadev Prasad (corpus) has not paid the legal expense of Rs.40,000/- to the petitioner No. 2 Smt. Kamlesh (wife of the corpus), therefore, he shall pay the legal expense of Rs.50,000/- to his wife within a period of 15 days from the date of the order. In case, the said amount is not paid by the petitioner No. 1 Mahadev Prasad (corpus) within the aforesaid period, the same shall be recovered as arrears of the land revenue. Registrar (Compliance) to ensure that the order be complied. Order Date :- 30.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad