Allahabad High Court High Court

Smt. Mitali Vishwas vs Tapan Kumar Vishwas on 28 July, 2010

Allahabad High Court
Smt. Mitali Vishwas vs Tapan Kumar Vishwas on 28 July, 2010
Court No. - 5

Case :- HABEAS CORPUS No. - 293 of 2010

Petitioner :- Smt. Mitali Vishwas
Respondent :- Tapan Kumar Vishwas
Petitioner Counsel :- Vivek Kumar Pandey
Respondent Counsel :- Om Prakash Mishra

Hon'ble Vedpal,J.

By means of this petition, the petitioner has prayed for issuance of a writ in
the nature of haebas corpus against the opposite party to produce the detenue
( Smt. Mitali Vishwas)before the Court and to release her from unlawful
custody of her father.

Ms. Mitali Vishwas is present in the Court. Her statement has been recorded
wherein she has stated that she is residing at her own house with her father
with her own free will and she had not been detained and she wants to reside
with hr father.

In view of the statement, made by Ms Mitali Vishwas, it is not a case of
illegal detention. Ms Mitali is a major girl. She is at liberty to reside where
she wants to live.

In view of the above, the petition deserves to be dismissed and is accordingly
dismissed.

Order Date :- 28.7.2010
Tripathi