RENU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the private respondent and learned A.G.A. for the State.

(2.) Pursuant to order dtd. 12/1/2023 of this Court, petitioner no. 1 Smt. Renu has been produced before this Court today by respondent nos. 3 and 4. She is escorted by S.I. Santosh Kumar, P.N.O. No. 932920126 and a lady constable of P.S. Chandauli. Corpus is also accompanied by a child namely Akash aged around 9 years. Petitioner no. 2 Ram Singh, who is brother of corpus is also present before this Court. Corpus is appearing as a women of unsound and mentally ill. She failed to answer any question asked by this Court. Corpus even failed to recognize her mother.

(3.) Learned counsel for the petitioners submitted that although this is admitted that corpus is legally wedded wife of respondent no. 4 but he is not taking any care of corpus who is suffering from mental illness. He has also solemnized marriage with some other lady who is resident of Bihar and an N.C.R. has also been filed by petitioner no. 2 against respondent no. 4 in this regard. He has not sent the corpus off to her parental place for all along seven years. The corpus was not un-sound minded women from the very beginning, but she became mentally sick after marriage. Petitioner no. 2 and his mother seeks custody of corpus for her proper treatment and welfare. Both sides, who are contesting parties in present case, are resident of District Chandauli. Charge sheet has also been filed under Sec. 498-A, 323, 504 IPC and 3/4 D.P. Act against respondent no. 4 on 23/12/2020. The said case was lodged at the instance of Girja Devi, mother of the corpus.