Allahabad High Court
Anwesha @ Angel Chaurasia (Minor) ... vs State Of U.P. And Another on 13 December, 2018
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
A.F.R.
Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 3727 of 2018
Petitioner :- Anwesha @ Angel Chaurasia (Minor) And Another
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Rishabh Agarwal
Counsel for Respondent :- G.A.,Dharmendra Dhar Dubey
Hon'ble Rahul Chaturvedi,J.
(1) Pleadings have been exchanged between the parties, therefore, the matter is ripe for final arguments.
(2) Heard Sri Rishabh Agarwal, learned counsel for the petitioners, Sri Dharmendra Dhar Dubey, learned counsel for private respondent, learned AGA and perused the record of the present habeas corpus.
(3) It is a strange case where father-Naveen Chaurasiya exerting his right of as a father over his minor daughter Ms. Anvesha @ Angel Chaurasia, who is alleged to be in the illegal captivity of Girish Chandra Srivastava (Nana of Anvesha) and her mother Ms. Ayushi Srivastava.
(4) Before adjudicating the matter it would be pertinent to spell out salient factual aspects of the issue, which touches the core issue, enumerated herein below:
(5) Submission made by the counsel for the petitioners is that an amour developed between Naveen Chaurasia and Ayushi Srivastava which culminated into tiding of marital knot on 02.08.2011 and the marriage was solemnized as per Hindu rites and rituals at Allahabad. Out of this wedlock, the couple was blessed with a baby girl on 08.05.2013, namely Ms. Anvesha @ Angel, who is presently a minor daughter of about five years and a student of L.K.G. According to the petitioner's story, respondent no. 2 Girish Chandra Srivastava was infuriated with the aforesaid inter caste marriage of Naveen Chandra Chaurasia and his daughter Ayushi Srivastava and according to Naveen Chandra Chaurasia, his father-in-law Girish Chandra Srivastava (Respondent -2) is the real felon between husband and wife.
(6) It is further submitted that on account of instigation of respondent no. 2, the relationship between husband and wife has gone from bad to worse and in the second week of July, 2018, the wife Smt. Ayushi Srivastava left the company of her husband for good along with her baby daughter Anvesha and since then both mother and daughter are residing with respondent no. 2. In this backdrop of the case, the father Naveen Chandra Chaurasia is exerting his right on his minor daughter, who is allegedly in the illegal captivity of his wife and father-in-law.
(7) Per contra, Dharmendra Dhar Dubey, learned counsel for the private respondent filed counter affidavit unveiling the basic character of Naveen Chaurasia-the father. Sri Dubey as well as learned AGA has branded Naveen Chaurasia as a debouch of highest order, who initially sharked innocent Ayushi Srivastava in his cruel net and solemnized marriage with her on 02.08.2011. The couple were blessed with a baby girl on 08.05.2013 who is presently studying in Class LKG at St. Mary's Convent, Allahabad and presently residing under the guardianship of her Nana-Girish Chandra Srivastava after leaving the company of her husband on her own sweet will and accord.
(8) It is further contended by the learned counsel for the respondent Sri Dubey that the petitioner's basic character is a road-romeo, a rogue and a corrupt person by nature. The respondent no. 2 has got no role to play in the marital life of Naveen Chaurasia and his daughter. After the marriage, her husband has started showing his true colours and reckoned to harass her daughter on account of dowry and in order to quench his lust for money, the father-in-law had to transfer Rs. 2.00 Lakhs through RTGS in the accounts of his son-in-law as against Rs. 10 Lakhs demanded by him. A criminal prosecution, initiated by respondent no. 2, is already pending for dowry and harassment under section 498-A IPC and other allied sections against Naveen Chandra Chaurasia. Besides this, his son-in-law developed relationship with other girls/ladies, despite the fact that he was a married man, blessed with a daughter.
(9) In the aforesaid scenario, the wife was compelled to take final call in this matter to secure her as well as her daughter's lives and eventually in July, 2018 left the company of Naveen Chaurasia for good in order to save the future of her minor daughter from the corrupt and abhorring atmosphere created by none other than his father alone.
(10) The wife has virtually exposed the basic character of her husband that he is a rank debauch, having relationship with one Ms. Shifa Parveen, a maiden girl of 17-18 years and has developed intimate relationship with her. Both of them fled away due to which perturbed father of Ms. Shifa Parveen had to lodge an FIR against the Naveen Chandra Chaurasia (the petitioner) on 28.08.2018 as Crime No. 285 of 2018, P.S. Shivkuti, District Allahabad under section 366 IPC whereupon Naveen Chandra Chaurasia and Ms. Shifa Parveen approached this Court by means of Criminal Misc. Writ Petition No. 24051 of 2018 wherein they moved a joint affidavit making certain startling revelations about their intimate relationship, which no self-esteemed married woman would like to stay with such a person even for a second. However, coordinate Division Bench of this Court, keeping in view the age of Ms. Shifa Parveen as well as her statement given at Bar, protected their interest during investigation with certain riders.
(11) It is also worth to note that the aforesaid Ms. Shifa Parveen, pursuant to the order of the Court, appeared before the court below, where after being convinced with the statement recorded under section 164 Cr.P.C., of Ms. Shifa Parveen, her age and desire vide order dated 10.09.2018, the learned Judicial Magistrate Court No. 2 Allahabad has let her free according to her wish and since then she is said to be residing with Naveen Chaurasia in his house. Her statement recorded under section 164 Cr.P.C., has completely denuded the character of Naveen Chandra Chaurasia.
(12) With the aforesaid painted story, the father Naveen Chaurasia is assailing his right over the corpus as her father.
In the entirety of the case, this Court feels that it is a black story where a bird has destroyed it's own nest, where a rainbow has decided to blacken it's own colour, where a flower has let go it's own fragrance and cruel father has looted the happiness and prosperity of his own family only on account of his lust for sex.
(13) Birth of a child is not an outcome of zygotic phenomenon only but carries loads of liabilities, responsibilities over the parent of a child to give proper education, inculcate moral values in making future of their child bright but, Alas! when a father himself is indulged into debauchery, it is not expected from such a father like Naveen Chaurasia that he would able to inculcate any moral value or give her proper education or put her daughter in a healthy and soothing atmosphere or shape the future of her own daughter. Claiming the corpus of the child through Habeas Corpus petition is not enough. Before this, he must prove his metal as worthy father, who can carry those responsibilities on his shoulder, which is not expected from a man who indulges himself into debauchery.
(14) Matrimonial matters are matters of delicate, emotional relationship between two individuals. It demands mutual trust, respect, regard, love and affection towards each other. Beside a reasonable adjustment not only between husband and wife but also with the offspring. Such relationship has to be conformity with the establish social norms, principles and morals of a civilized society. It sought to be controlled in the interest of individuals as well as in the broader perspective, for regulating life of a minor child for making of a well-knit, soothing and healthy atmosphere and not in a disturbed relationship which is full of turmoil. It is a human relationship but it is also a fact that institution of marriage occupies an important place and role to play in society in general and after birth of a child it is a pious duty of parents to give a healthy atmosphere to their progeny. Though any Court of law cannot force the couple to love with each other as husband and wife but keeping in view that the father is dicing future of is own child by filing the instant hebeas corpus petition. This Court feels pious duty to see the future of child which has give to stake only because lust of his father.
(15) Today, this Court has got an opportunity to interact with Naveen Chaurasia as well as his wife Ms. Ayushi Srivastava and giving patient audience to both of them at Bar, has arrived at a conclusion that there is not an iota of doubt that the future of the girl, namely Anvesha would be doomed in the company of father Naveen Chaurasia, who is sitting on the pyre of lust for sex.
(16) Accordingly, the present hebeas corpus petition stands rejected.
(17) It is contended by the counsel for the respondent that till date there is no financial security is being provided by petitioner Naveen Chaurasia in favour of his daughter who is a student of L.K.G. Under the circumstances, the court is falling in his duty sitting in the Writ jurisdiction, that the future of a minor daughter is not monetarily secured.
(18) In such circumstances, this Court quantifies an amount of Rs. 10 lakhs, which would be paid by Naveen Chaurasia in the name of corpus Anvesha @ Angel under the guardianship of her mother. Therefore, the Chief Judicial Magistrate/Senior Superintendent of Police, Allahabad are directed to recover the aforesaid amount by way of Bank Draft in the name of Anvesha @ Angel Chaurasia through her mother Ms. Ayushi Srivastava, which is to be handed over to her mother Ms. Ayushi Srivastava within a period of 45 days from today. The Senior Superintendent of Police, Allahabad and the Chief Judicial Magistrate, Allahabad are, hereby, directed to ensure the strict compliance of this order and send its compliance report to Registrar General, Allahabad latest by 20.02.2019 after handing over the aforesaid draft to Ms. Ayushi Srivastava. However, it is made clear that no laxity would be tolerated in this regard by this Court.
(19) Office is directed to furnish a copy to the learned AGA for necessary compliance of the aforesaid order within 48 hours.
Order Date :- 13.12.2018
Nisha/Shailesh
