Naim vs State Of Uttarakhand And Others
2023 Latest Caselaw 812 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Habeas Corpus Petition No.5 of 2023

Naim                                                     ....Petitioner

                                Versus

State of Uttarakhand and Others                       ....Respondents

Present:-
            Mr. Sanjay Bhatt, learned counsel for the petitioner.
            Mr. Ranjan Ghildiyal, A.G.A. for the State.
            Mr. Avidit Noliyal, Advocate for the private respondents.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The instant petition has been preferred seeking

production of the corpus of the respondent no.5/ Ms. Shaista.

2. Heard learned counsel for the parties and

perused the record.

3. It has been the case of the petitioner that the

respondent no.5 is major woman. He and the respondent no.5

had decided to marry, but the respondent no.4, who happens

to be the father of the respondent no.5, is not agreeable to it

and he has confined her.

4. Learned counsel for the petitioner would submit

that, in fact, the petitioner and the respondent no.5 are in

relationship; they wanted to marry, but the respondent no.5

has been illegally detained by the respondent no.4.

5. Today, the respondent no.5 is present before the

Court, as identified by her counsel. The Court questioned

her. She would reply that she wants to stay with her parents.

She is under no pressure from any corner. She would also

submit that she is 20 years of age.

6. Since the corpus herself has stated that she is

not under any restraint and she wants to stay with her

parents, nothing survives in this Habeas Corpus Petition and

it deserves to be dismissed.

7. The Habeas Corpus Petition is dismissed.

(Ravindra Maithani, J.) 24.03.2023 Ravi Bisht