Often people try to use Writ of Habeas Corpus to achieve their personal interest by pressurizing the Girls Family

Vaishali Mishra through her next friend Ashish v. State of UP through Principal Secretary Civil Sectt Home Department & 4 others

Writ Petition for Habeas Corpus 6/2024

Before High Court of Lucknow

Prayer for directing the opposite party for release of the petitioner(detenue)-Vaishali Mishra & production before the Court.

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The Habeas Corpus petition was dismissed on 11.01.2024 with a cost of Rs.25,000/- by Hon’ble Mr. Justice Shamim Ahmad with direction that the amount of cost shall be paid by the petitioner - Ashish Kumar within one from the date of order before the DM-Lakhimpur Kheri & this amount shall be paid to the detenue Vaishali Mishra.

The District Magistrate Lakhimpur Kheri was further directed, if the amount is not paid by the petitioner, the amount shall be recovered from the petitioner as arrear of land revenue.

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Facts

Submission of the Petitioner

1.????? The petitioner detenue, Vaishali Mishra aged about 29 years is residing in the with her real brother and real uncle and they had kept her under illegal detention.

2.????? The detenue - Vaishali Mishra is a major girl and had completed B.Sc., B.Ed.

3.????? There is love affair between the detenue and the petitioner, namely[1]Ashish Kumar since 2011 and they want to marry each other but the family members of the detenue are not ready for their marriage.

Submission of the State

1.????? The detenue and the petitioner-Ashish Kumar were in relationship since 2011.

2.????? This petition has been filed in the year 2024 but they have not yet solemnized the marriage even after 13 years of their alleged relationship.

3.????? It appears that the entire story as narrated by the petitioner is false and fabricated only with the intention to defame the image of the detenue and her family members in the society.

4.????? The next friend of the petitioner wants to take advantage of the order of this Court.

Observation of the Court

1.????? The averment of the State appears logical.

2.????? There is no plausible explanation on the part of the petitioner, namely[1]Ashish Kumar as to who has stopped them from marrying each other for the last 13 years.

3.????? This Court finds that the argument advanced by learned Counsel for the petitioner, namely-Ashish Kumar is made only with the intention to get some order in favour of the petitioner, namely-Ashish Kumar from this Court.

4.????? The Court does not find any justification to entertain this type of petition and to frustrate this type of petition filed by any such person in future only with the intention to defame the image of a girl or her family members, who are living in a society.

5.????? If the Court entertains this type of petition, the image and reputation of family members as well as of the girl will certainly be demolished and it will be very difficult for a family who has been roped in these types of cases to solemnize the wedding of their girl in future to any other family of their choice.

6.????? We live in country, where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country.

?Seema Bhatnagar

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