Advocates:
['SHUBHAM PRAKASH GUPTA', '', 'MUKESH CHANDRA GUPTA', 'G A', '', 'ASHWINI KUMAR SRIVASTAVA']

Court No. - 84

Case :- HABEAS CORPUS WRIT PETITION No. - 333 of 2022

Petitioner :- Nidhi Bansal And 2 Others

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Shubham Prakash Gupta,Mukesh Chandra

Gupta

Counsel for Respondent :- G.A.,Ashwini Kumar Srivastava

Hon'ble Sameer Jain,J.

Counter affidavit on behalf of respondents no.4,5 and 6

filed today, is taken on record.

Heard Sri Shubham Prakash Gupta, learned counsel for the

applicants, Sri Ashwini Kumar Srivastava, learned counsel

for opposite party no.2, Sri Jhamman Ram, learned AGA,

for the State, and perused the record of the case.

On 2.6.2022 following order was passed:

" Heard Sri Mukesh Chandra Gupta, learned counsel for

the petitioners, learned A.G.A. for the State and perused

the record.

This is habeas corpus writ petition on behalf of petitioner

no.3- Nitin Bansal, husband of petitioner no.1- Smt. Nidhi

Bansal claiming to be his wife and father of petitioner

no.2- Km. Vedika Bansal claiming to be his daughter.

Learned counsel for the petitioner submitted that the

petitioner no.1 is a major lady and petitioner no.3 (her

husband) is also major. He further submitted that the

petitioner nos. 1 and 3 have solemnized their marriage

and marriage ceremony card is annexed as Annexure

No.1 to the petition. He next submitted that petitioner

nos.1 and 2 is in illegal custody of respondent nos. 4, 5

and 6.

The matter requires consideration.

Under circumstances, the petitioner no.3- Nitin Bansal is

directed to pay Rs. 25,000/- by way of demand draft in

favour of Registrar, General, Allahabad High Court on or

before 16th June, 2022 to establish his bonafidies.

After the said amount is deposited, notices shall be

issued to respondent nos.4, 5 and 6 to produce the

corpus- Smt. Nidhi Bansal and Km. Vedika Bansal before

this Court on 14th July, 2022.

It is made clear that the amount so fixed if not paid in

favour of the Registrar General, Allahabad High Court, no

notices shall be issued and the present habeas corpus

shall be dismissed as scandalous litigation.

The Senior Superintendent of Police, Meerut is directed

that order of this Court should complied in letter and spirit.

The Senior Superintendent of Police, Meerut and S.H.O.,

Police Station-Brahmpuri, District- Meerut are directed to

ensure the compliance of this order and presence of

respondent nos.4, 5 and 6 and corpus- Smt. Nidhi Bansal

and Km. Vedika Bansal before this Court on the next date

fixed in the matter.

List this matter on 14th July, 2022 as fresh. "

Pursuant to the order dated 2.6.2022 corpus Smt. Nidhi Bansal

and Km.Vedika Bansal appeared before this Court today. Both

the corpus duly identified by both the counsels .

Corpus Smt. Nidhi Bansal is the wife of petitioner no.3 and on

query made by this Court she stated that she is not in illegal

detention of any of the respondents and she is residing

according to her own wish along with respondent no.4, i.e., her

mother and she does not want to go with petitioner no.3. She

further stated that petitioner no.3, her husband, tortured her and

demanded dowry and therefore, since 2019 she is residing in

her parental home along with her mother-respondent no.4 and

her brother-respondent no.5. Corpus Smt. Nidhi Bansal further

stated that her marriage was performed with petitioner no.3 in

the year 2012 and with the wedlock daughter, namely, Km.

Vedika Bansal was born but in the year 2019 she had to leave

her matrimonial home as petitioner no.3, her husband, tortured

her for demand of dowry. She specifically stated that she is

happy with her mother and she is also doing a private job of

teaching in a private school and is capable to maintain herself

and her daughter Km. Vedika Bansal corpus no.2.

Km. Vedika Bansal also present in the Court, who is aged about

6 years. On separate query she also stated that her mother loves

her a lot and she is very happy and satisfied with her mother

and she is