Court No. - 5 Case :- HABEAS CORPUS No. - 423 of 2010 Petitioner :- Aaliya Khan Respondent :- State Of U.P.Through Prin. Secy.Home Deptt. Lko.And Ors. Petitioner Counsel :- Mahmood Alam,Sarvesh Kumar Singh,Vishwajeet Singh Respondent Counsel :- G.A.,Ashish Chaturvedi,Nadeem Murtaza Hon'ble Vedpal,J.
By means of this writ petition, the petitioner has prayed for issuance of a
writ in the nature of habeas corpus directing opposite parties to produce the
petitioner and further has prayed for issuance of a writ in the nature of
mandamus allowing the petitioner for performing her post matrimonial
obligations.
Matter was taken up in the chamber at the request of the parties.
Learned counsel for the parties along with Aaliya Khan are present. She has
been identified by Sri Aashis Chaturvedi Advocate. She states that she is
major and wants to reside with her husband Mohammad Saleem. She has also
stated that she has given an affidavit but by that time she was not able to take
decision where she has to reside and now she has taken final decision. She
has stated that she was at her residence of her parents and she was not
confined there by her parents.
In view of the above statement of Aaliya Khan, no case for illegal detention is
made out. The petitioner is major. She is at liberty to reside,where she wishes
to live.
In view of the above when case of illegal detention is not made out, the
petition is liable to be dismissed and is accordingly dismissed.
Order Date :- 8.7.2010
Tripathi