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Allahabad High Court imposes fine on petitioner for defaming image of detenue

The Lucknow Bench of the Allahabad High Court while observing that petition is based on lack of evidence has dismissed the petition seeking detenue’s custody and  imposed a cost of Rs 35,000/-.

A  Single Bench of Justice Shamim Ahmed passed this order while hearing a Habeas Corpus Petition filed by detenue  through her Husband Vinay Kumar Yadav.

Counsel for the petitioner submitted that in compliance of the order dated 15.12.2023 passed by the Coordinate Bench of the Court, the petitioner, namely-Vinay Kumar Yadav has deposited Rs15,000/- on 18.12.2023 before the Senior Registrar of the Court.

Counsel for the petitioner submitted that both detenue and the petitioner have solemnized marriage as per Hindu rites and customs.

He further submitted that in this regard they have obtained a marriage certificate, therefore, the detenue is a legally wedded wife of the petitioner, thus, he submits that the custody of the detenue be given to the petitioner and consequently, the petition may be allowed.

On the other hand, A.G.A for the State-respondents as well as Counsel for the respondent No 4 have opposed the submissions advanced by Counsel for the petitioner and submitted that the petition is ploy to defame the image of the detenue in the society and has been filed only with the intention to get some order from the Court so that the petitioner can blackmail the detenue and family members of the detenue.

They further submitted that so far as the contention of Counsel for the petitioner regarding marriage is concerned, there is nothing on record to demonstrate this fact that the detenue is the legally wedded wife of the petitioner and no document or valid marriage registration certificate in this regard is annexed with the petition, thus, they submitted that the petition being devoid of merit and substance is liable to be dismissed with heavy cost on the petitioner.

The Court noted that,

On query made by the Court to the detenue whether she knows the petitioner or whether she has solemnized marriage with the petitioner, on which, she stated that she does not know the petitioner, namely-Vinay Kumar Yadav and she has not solemnized marriage with him.

She further stated before the Court that petitioner has tried to defame her image in the society and the petition is a ploy to get some order by this Court so that the petitioner can blackmail her and her family members.

She further stated that the petition may be dismissed imposing a heavy cost on the petitioner, namely-Vinay Kumar Yadav so that these types of false cases may be stopped in future.

The Court observed that,

After considering the arguments of Counsel for the parties and after perusal of the material placed on record, the Court is satisfied with the argument made by A.G.A for the State-respondents and Counsel for the respondent No 4 and express its opinion that the averments made in this petition are nothing but a ploy to defame the image of the detenue as well as her family members, the Court is also not satisfied with the photographs as they appear to be manufactured and tempered, further, no document has been annexed with this petition, which shows that there is any affiliation or affection between the detenue and the petitioner. Further, it is not in dispute that the detenue is a major girl aged about 19 years and she knows her welfare very well.

Accordingly, the Court does not find any justification to entertain this type of petition and to frustrate this type of petition filed by any such person in future only with the intention to defame the image of a girl or her family members, who are living in a society and if the Court entertains this type of petition, the image and reputation of family members as well as of the girl will certainly be demolished and it will be very difficult for a family who has been roped in these type of cases to solemnize the wedding of their girl in future to any other family of their choice.

Further, the Court is of the view that we are not living in a western country, where this type of relationship is very popular and common among the citizens, We live in country, where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country.

Coming to the case of the petitioner, namely-Vinay Kumar Yadav, which is nothing but a ploy to defame the image of the detenue and her other family members so that the family members of the detenue under pressure and fear of insult may compromise the situation.

Thus, in view of the above, the Court dismissed the petition with a cost of Rs 35,000/- (Rupees Thirty Five Thousand Only) out of which Rs 15,000/- has already been deposited by the petitioner, namely-Vinay Kumar Yadav on 18.12.2023 before the Senior Registrar of the Court in compliance of the order dated 15.12.2023, which shall be paid to the detenue Police Station Kotwali Nagar, District-Balrampur within 15 days’.

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