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ALLAHABAD HIGH COURT
SHALU PAL – Appellant
Versus
State of U.P. AND 4 OTHERS – Respondent
HABC 582 2020



Court No. - 64

Case :- HABEAS CORPUS WRIT PETITION No. - 582 of 2020

Petitioner :- Shalu Pal

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Birendra Singh,Yash Pratap Singh

Counsel for Respondent :- G.A.

Hon'ble Salil Kumar Rai,J.

Vakalatnama filed by Sri Sharad Kumar Srivastava, Advocate

on behalf of respondent nos. 4 and 5 is taken on record.

In pursuance to the previous order dated 10.11.2020, the corpus

Shalu Pal, i.e., petitioner no. 1 has been produced before this

Court by Lady Constable Ujaala, P. No. 192271370, Police

Station Bakewar, District Fatehpur.

The Court has made certain queries to the petitioner no. 1, i.e.,

corpus to ascertain her stand and the questions put to the

petitioner no. 1 and the answers giver by her are reproduced

below:-

Q. Kya naam hai aapka?

A. Shalu Pal.

Q. Kya umra hai?

A. 18 saal.

Q. Janamtithi kya hai aapki?

A. 'No answer.'

Q. Is samay kiske saath rah rahi hai?

A. Mata-pita.

Q. Aapki shadi ho gai hai?

A. Haan.

Q. Kab shaadi hui thi?

A. 2 march, 2020.

Q. Kisse hui thi?

A. Vijay Pal.

Q. Kya amit kumar se bhi shadi hui the?

A. Jor jabarjasti se kia tha.

Q. Aap kiske saath jana chahti hai?

A. Vijay Pal.

Q. Amit Kumar ke saath Nahi?

A. Amit kumar ke saath nahi jaungi.

In her answers the corpus Shalu Pal has clearly expressed her

willingness to stay with Vijay Pal, i.e,. the person with whom

she was married in March, 2020 and also states that she does

not want to go with Amit Kumar. She also states that her

marriage with Amit Kumar, allegedly held on 17.8.2020, was

not voluntary and was held under coercion.

In view of the aforesaid, the corpus is not in illegal confinement

and rule nisi issued by the court cannot be made absolute at the

instance of Amit Kumar. The rule nisi is discharged. The

petition for habeas corpus is dismissed.

Order Date :- 18.11.2020

Satyam

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