PINKI Vs. STATE OF U P

JUDGEMENT

(1.) We have Sri Ram Autar Verma, learned counsel appearing on behalf of the petitioner, Sri R.A. Mishra, learned AGA and Sri Amit Tripathi appearing on behalf of respondent no.5

(2.) The present petition creates a very peculiar human situation. Petitioner no.1, Smt. Pinki, indisputedly, was married to Manoj Kumar Kesarwani, respondent no. 5. It is also not disputed that out of their wedlock two children were born and those children are presently in the care and custody of their father. It is undisputed that the lady Smt. Pinki left her matrimonial house and went into the company of one Kamlesh Kumar, petitioner no.2. This appears indicated from her statement recorded on 19-3- 2012.

(3.) The initial dispute was that a non-cognizable offence was reported about elopement of the lady with the said Kamlesh Kumar. The lady, who was apprehended, had refused to go either with her parents or with her husband and probably, expressed the desire that she will better live in the Nari Sanrakshan Grih, Allahabad. Subsequently, she filed the present petition.