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2025 DAILYLAW 66550 (ALL)

SMT APARAJITA SINGH CORPUS AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/477/2025 · 2025-06-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:104788 Court No. - 48 Case :- HABEAS CORPUS WRIT PETITION No. - 477 of 2025 Petitioner :- Smt Aparajita Singh Corpus And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jigyasha Tripathi,Surendra Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Surendra Kumar Tripathi, learned counsel for the petitioners and learned AGA for the State. 2. The instant Habeas Corpus Writ Petition under Article 226 of the Constitution of India has been filed claiming the following reliefs:- i. Issue a writ, order or direction in the nature of Habeas Corpus commanding and directing the respondent nos. 2 and 3 to produce/ensure the presence of petitioner no.1 (Cropus), who is illegally detained in the custody of respondent no.4, before this Hon'ble Court on the date fixed and further after recording the statement of the corpus, petitioner no. 1 is set at liberty forthwith. ii. Issue another writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. iii. To award cost of the petition in favour of the petitioners. 3. The Court, after recording the submissions of Sri Surendra Kumar Tripathi, learned counsel for the petitioners under order dated 9.6.2025, had issued notice returnable on 13.6.2025 requesting the Corpus Smt. Aparajita Singh wife of Sri Ashish Kumar Singh and daughter of Sri Vinod Kumar Singh (Respondent No.4) said to be in the custody of Sri Vinod Kumar Singh to be produced before the Court by the Commissioner of Police, Agra on 13.6.2025 at 2:00 pm without fail. The respondent no.4 / Vinod Kumar Singh was also directed to appear and show cause why the rule nisi may not be made absolute. 4. Sri Vinod Kumar Singh, the respondent No.4 has put in appearance through Sri Lovkush Kumar Mishra, learned counsel and has appeared before this court along with corpus (Aprajita Singh), as directed. 5. The Corpus Aprajita Singh who is 21 year of age and a major girl has categorically deposed before this court that she was compelled to enter into a marriage with the petitioner no.2 and get registered the marriage. She further deposed before this court that she has been living with her father Vinod Kumar Singh/Respondent No.4 herein out of her own sweet will and that she has not been illegally detained as alleged. She has clearly expressed her desire to be with her father/ respondent no.4 and not in the company of the petitioner no.2/ Sri Ashish Kumar son of Anil Babu. 6. In view of the above, since the Corpus Aprajita Singh who has appeared before this court and whose presence has been duly recorded in the order sheet of the present case, has categorically deposed that she has not been illegal detained by the respondent no.4 and wishes to continue in the company of her father, the respondent no.4, this court finds no merit in the Habeas Corpus Writ Petition and the same is hereby dismissed. 7. It shall, however, be open for the Corpus Aprajita Singh to take recourse to appropriate proceedings to get the marriage certificate annulled in accordance with law. Order Date :- 13.6.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad