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Allahabad High Court dismisses plea by man seeking custody of alleged lover

The Petitioner -Corpus has stated before the Court that neither she has authorized anyone to file the Petition nor she has been illegally detained by her father. She is residing with her father on her own sweat will without any compulsion and coercion and expressed her desire to live with her family in future too.

The Allahabad High Court has dismissed a habeas corpus plea filed by a man, seeking custody of a girl, who he claimed to be his lover.

A Single Bench of Justice Umesh Kumar passed this order on Tuesday, while hearing the petition filed by Paritosh Yadav, demanding production of petitioner before the Court, claiming that the petitioner (girl) was in illegal detention of respondent no 6/ her father.

The petitioner-corpus stated before the Court that neither she has authorised anyone to file the petition, nor she has been illegally detained by her father. She is residing with her father on her own will without any compulsion and coercion and expressed her desire to live with her family in future too.

In compliance of the earlier order dated August 25, 2021, a demand draft of Rs 20,000 in favour of the corpus and directed to hand over the corpus had been prepared, but not placed before the Registrar General of the High Court.

Considering the statement of the corpus, arguments advanced by the Counsel for the parties and after perusal of the record, the Court found that Paritosh wanted to defame the image of corpus in the society and only with the said intention, the petition was filed before the Court, so that he may be able to succeed in his plan to anyhow get the custody of the girl, who refused of having any relation with him before the Court, the Bench observed.

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“The action of Pritosh Yadav is illegal and against the norms of society in which we are living. In view of the aforesaid, the petition is hereby dismissed with cost of Rs 5000, which shall be deposited in the head of Legal Aid Services, High Court Allahabad by Pritosh Yadav within a month, failing which the same shall be recovered as arrears of Land Revenue from him,” the Court ordered.

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