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2021 Supreme(All) 372

J.J.MUNIR
Manish Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Satyawan Yadav, Ranjeet Yadav, Anand Kumar Srivastava.
For the Respondents: Ashutosh Yadav, Sudhanshu Kumar, Rajeev Lochan Shukla.

JUDGMENT :

J.J. MUNIR, J.

1. The facts giving rise to this Habeas Corpus Writ Petition are rather unconventional and not commonplace or so it seems.

2. Manish Kumar is a youth, aged about 16 years and a half. He has married Jyoti, as he says, of his freewill. Jyoti is a major and an adult in the cognizance of law, just above the age of 18 years. Pramila Devi is Jyoti’s mother and Manish Kumar’s mother-in-law. Arjun and Bheem are Jyoti’s brothers and Pramila Devi’s sons. Manish Kumar, after his marriage to Jyoti, was staying with his wife, his mother-in-law and his two brothers-in-law, Arjun and Bheem. Haushila Devi is Manish Kumar’s mother. She appears to have thought that Jyoti, her mother Pramila Devi and her brothers, Arjun and Bheem have enticed away her minor son and forced him into a marriage of sorts, which is illegal for want of the minor’s competence under the law. She has gone on to say that Manish Kumar, her minor son, is illegally detained by Pramila Devi, Arjun, Bheem and Jyoti, arrayed as respondent nos. 5, 6, 7 and 8 in that order. In keeping with her thought and word, Haushila Devi has effectively instituted the present Habeas Corpus Writ Petition, arraying Manish Kuma

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