Allahabad High Court directs family members to present petitioner on the habeas corpus petition

The Allahabad High Court has directed the family members including the opposition father to present the petitioner/ corpus on July 14 on the habeas corpus petition filed to Pinky Sharma (Corpus) of Sahibabad, Ghaziabad from illegal detention.

A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Habeas Corpus Writ Petition filed by corpus And 2 Others.

The Habeas Corpus Writ Petition has been preferred alleging inter-alia that the petitioner no 1/corpus is wife of petitioner no 2- Golu Sharma.

Both the petitioners are major and they have solemnized their marriage in Arya Samaj Vedic Sansthan Mandal, Ghaziabad on 20.03.2023 and got their marriage registered on the same day i.e on 20.03.2023 in the office of Marriage Registrar Officer-Vth, Ghaziabad and thereafter they were living as husband and wife.

It is also alleged that on 28.05.2023, petitioner no 1/corpus has been forcibly taken away from the house of petitioner no 2 by the respondent nos 5 to 11 who are father’s elder brother (tau), father, mother, uncle, cousin brothers and aunt of the petitioner no 1 and at present, petitioner no 1 is in the captivity of respondent nos 5 to 11.

It is also submitted that complaint in this regard has been made by the petitioner no 2 on 05.06.2023 before Station House Officer, Police Station Sahibabad, District Ghaziabad and Commissioner of Police, Ghaziabad but no action has been taken on the same.

Counsel for the petitioners prayed for a direction to the opposite party no 3/Commissioner of Police, Ghaziabad, opposite party no 4/Station House Officer, Police Station Sahibabad, District Ghaziabad as well as opposite party nos 5 to 11 to produce the corpus/petitioner no 1 before the Court.

He also submitted that the petitioner no 2 is ready to deposit a sum of Rs 50,000/- in favour of petitioner no 1.

Having heard the submissions of the counsel for the petitioners and A.G.A, the Court directed that the petitioner no 2 shall deposit a sum of Rs 50,000/- within a week before the Registrar General of the Court by demand draft drawn in favour of petitioner no 1 for her appearance before the Court, which shall be paid to the petitioner no 1 on her appearance. Subject to deposit of aforesaid amount, notice shall be issued to the opposite party nos 5 to 11.

The Court further directed the Station House Officer, Police Station Sahibabad, District Ghaziabad as well as respondent nos 5 to 11 to produce the petitioner no 1- corpus before the Court on the next date fixed in the matter.

The Court has fixed the next hearing of the petition on July 19, 2023.

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