"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman

The Bench of Justice Shamim Ahmed was hearing the plea of one Dharmendra who filed the plea seeking production of a woman, with whom he claimed to have married, and to set her free from the illegal detention of her father.

In compliance of the Court's order dated August 4, 2021, the petitioner no.1 Netrawati Yadav/corpus was presented before the Court along with her father, where she denied the allegation that she had married Dharmender (the man who filed the plea seeking her custody).

She stated before the Court that the writ petition had been filed only with the intention to defame her image in the society and that she has already married another man.

She further stated that petitioner no.2/Dharmendra was regularly teasing her in her village because his sister is married in the village of Netrawati Yadav and he used to come there only with the intention to defame her.

The father of Netrawati Yadav also stated that he solemnized the marriage of his daughter with Banti as per Hindu rites and rituals.

Court's observations

Considering the arguments advanced by learned counsels for the parties and after perusal of the record, the Court observed thus:

"...this Court finds that petitioner no.2 wants to defame the image of petitioner no.1 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 petitioner no.1, whereas no marriage took place as stated by petitioner no.1 Netrawati Yadav before this Court."

Further, the Court called the action of petitioner no.2 as illegal and against the norms of the society in which we are living.

Accordingly, the writ petition was dismissed with cost of Rs.50,000/- to be paid by petitioner no.2 Dharmendra to petitioner no.1 Netrawati Yadav by way of bank draft within one month.

In case the cost is not paid by petitioner no.2 to petitioner no.1, the same shall be recovered as arrears of land revenue, the Court directed.