Corpus granted liberty to decide to go and live wherever she wants
| Date :20-Feb-2020 |
Legal Correspondent :
A SINGLE bench of Madhya Pradesh High Court comprising Justice Vishal Dhagat in the habeas corpus petition said that ‘in view of facts and circumstances of the case, it is ordered that corpus Manisha Patel may be set free and she may exercise her option according to her freewill to go and live wherever she wants.’ Single bench heard the habeas corpus petition filed by Amit Kumar Chouhan. During the hearing, corpus of Manisha Patel has been produced before this court by Assistant Sub Inspector Mahendra Ben and Lady Constable Vandana Pathariya of Police Station NKJ, Tehsil, Katni district.
Petitioner namely Amit Kumar Chauhan has filed this writ petition for issuing writ of habeas corpus for production of Manisha Patel before this court. Counsel for the petitioner has submitted that corpus Manisha Patel is in illegal custody of Sonelal Patel. Sonelal Patel is father of Manisha Patel. Manisha Patel has entered into marriage of agreement with the petitioner on July 31, 2019, and some photographs of solemnising the marriage have also been filed by the petitioner.
Petitioner has also filed an application addressing the Town Inspector of Police Station-Madhav Nagar, Katni district. In the application, it has been mentioned by corpus Manisha Patel that she wanted to marry the petitioner Amit Kumar Chouhan but his family members are harassing him and they forcibly want to take her to their home. Separate statement of the petitioner Amit Kumar Chouhan was also taken in the chamber as recorded of the corpus by the court. Petitioner has also filed an undertaking that he will marry Manisha Patel as soon as she released by her parents and permitted to go with him.
The matter was again taken up for hearing after sometime so that the corpus could make up her mind as to whether she wants to go with the petitioner. The corpus submitted that she is aged about 20 years. Aadhar card of the corpus has also been filed in which her date of birth is shown as July 24, 1999. As the corpus is major, therefore, she can excise the option either to live with her parents or to go with the petitioner. In view of the aforesaid facts and circumstances of the case, it is ordered that corpus Manisha Patel may be set free and she may exercise her option according to her freewill to go and live wherever she wants. With the aforesaid direction, this writ petition filed by the petitioner is disposed off, the single bench said.