"Man's Act Against Societal Norms; Plea Filed To Defame Woman": Allahabad HC Dismisses Habeas Plea, Directs 20K To Be Paid To Woman

The Allahabad High Court on Tuesday dismissed a Habeas Corpus plea filed by a man seeking custody of his alleged lover, a girl, who, presenting herself before the Court, denied the allegations that she has been illegally detained by her father.

Therefore, the Bench of Justice Umesh Kumar called the action of the Man in filing habeas plea as "illegal and against the norms of society in which we are living" and thereafter, dismissed his plea with 5K Cost.

The plea had been moved by one Pritosh Yadav (alleged lover of the petitioner), on behalf of one Shivani Gupta, seeking direction to produce her, to provide protection to the couple, and to immediately release her from her father's custody.

Earlier, hearing the matter on August 25, the Court had observed that it was necessary that the corpus may be produced before the Court provided that Pritosh Yadav, deposits a sum of Rs. 20,000/- through the demand draft, drawn in favor of petitioner woman

The Court had made it clear that if the matter succeeds, then the demand draft will be remitted back to the detenue (Yadav) and if fails, the amount will be paid to the corpus.

Now, on August 31, pursuant to the Court's order, the Woman was brought before the Court, who stated before the Court that neither she had authorized anyone to file this petition nor she has been illegally detained by her father.

Further, she also claimed that she was residing with her father on her own sweat will without any compulsion and coercion and expressed her desire to live with her family in the future too.

Noting her statement, in compliance with the earlier order, the Court directed that a demand draft of Rs.20,000/-, drawn in favour of Ms. Shivani Gupta- be handed over to her and which was received by Shivani Gupta.

Dismissing the plea, the court also observed thus:

"...this Court finds that Pritosh Yadav wants to defame the image of Shivani Gupta in the society and only with the said intention the present petition has been filed before this Court so that he may be able to succeed in his plan to anyhow get the custody of Shivani Gupta whereas the girl refused any relation with one Pritosh Yadav before this Court. The action of Pritosh Yadav is illegal and against the norms of society in which we are living."

Case title - Shivani Gupta through Pritosh Yadav v. State Of U.P. And 5 Others

Click Here To Download Order

Read Order