Smt. Nahid Akhtar Thru. Her Husband Shahnawaz Ali v. State of U.P. Thru. Prin.Secy. Home Lko. and 3 Others

Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 333 of 2023 Petitioner :- Smt. Nahid Akhtar Thru. Her Husband Shahnawaz Ali Respondent :- State Of U.P. Thru. Prin.Secy. Home Lko. And 3 Others Counsel for Petitioner :- Manish Soni Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J.

¶1Vakalatnama filed by Sri O.P. Tiwari on behalf of opposite party No.4 is taken on record.

¶2Heard learned counsel for the petitioner, learned counsel for respondent No.4 as well as learned A.G.A. for the State-respondents.

¶3In compliance of the order passed by this Court, Smt. Nahid Akhtar is present before the Court.

¶4Upon a query being made to her, she on her own accord and free will is residing with respondent No.4 who is her father and she does not want to go with her husband.

¶5In view of the above, it is clear that the detenue who is major is residing with respondent No.4 on her own accord and free will hence, the writ of habeas corpus fails and is accordingly dismissed.

¶6A sum of Rs.24,500/- deposited by the deponent shall be paid by the Senior Registrar of this Court to the detnue forthwith. Order Date :- 28.11.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench