KALPANA Vs. RAM SINGH

JUDGEMENT

(1.) THIS habeas corpus petition was filed by one Sri Sanjay Kumar Tripathi, son of Sri Harish Chandra Tripathi Assistant J. Worker 1st Sahara India, Sector Office, Sitapur resident of 108, Sitapur Road Scheme, Mohibullapur, Lucknow. It was indicated in the petition that the respondents have illegally detained his alleged wife Smt. Kalpana, daughter of Sri Ram Singh, resident of 211/25/23A, behind S.A.M. College, Ram Nagar Pathapura, P.S. Sadar, district Saharanpur.

(2.) NOTICES were issued to the respondents to file their counter-affidavit. Affidavit filed by Smt. Kalpana Chauhan and counter-affidavit filed by opposite party No. 1 indicate that Smt. Kalpana was not under illegal detention. Sri Sanjay Tripathi was already married to one Smt. Mamta who is still alive. Sri Sanjay Tripathi is father of three children-Vineet Tripathi (11 years), Km. Rimjhim (10 years) and Km. Shikha (9 years) out of the wedlock with Smt. Mamta. Rather it was represented by Sri Sanjay Tripathi that his earlier wife had died and he is not having any issue out of previous wedlock.

(3.) AFTER recording the above orders, this case has come up for hearing today. From the versions of the parties, this Court is of the opinion that there is no element of illegal detention present in this case.