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2019 Supreme(All) 1715

VIPIN SINHA, AJIT SINGH
Rakhi Sharma – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Upendra Nath Mishra
For the Respondent: G.A., Mahipal Singh

ORDER :

1. Heard Shri Upendra Nath Mishra, learned counsel for the petitioner, learned AGA for the State and Shri Mahipal Singh, learned counsel who has put in appearance on behalf of respondent no.3 and also filed a counter affidavit.

2. The present is a habeas corpus writ petition filed on behalf of corpus Rakhi Sharma through her husband Ajay Sharma with the following prayer:

    “A. Issue a writ, order or direction in the nature of habeas corpus commanding the respondent no.2 i.e. Superintendent of Government Women Protection Home, District Allahabad to release the corpus petitioner Rakhi Sharma, who has been detained illegally in the Government Women Protection Home, District Allahabad and set her at liberty.

B. Issue any such other and further orders as this Hon'ble Court may deem fit and proper under the circumstances of the case.

C. Award the cost of the petition in favour of the petitioners.”

3. Contention of the learned counsel for the petitioner is to the effect that Rakhi Sharma, the corpus has solemnized marriage with Ajay Sharma of her own sweet will without any fear, threat or coercion and as per the Hindu religion on 20.7.2018. A copy of the marriage certificate in this reg

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