MANOJ KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. This habeas corpus Petition has been filed by Manoj Kumar Gupta son of Sri Vijay Kumar Gupta, Resident of Village and Post Haldi, P. S. Haldi, District Ballia, presently residing at Malli Bazar, Police Station Malli Bazar, District Namachi, South Sikkirn seeking the following reliefs: " (a) Issue a writ, order or direction in the nature of habeas corpus directing respondent authority to produce the respondent No. 6 Smt. Asha Gupta in Court and said the respondent No. 6 of liberty forthwith. (b) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (c) Award the cost of the petition. "

(2.) THE petitioner was directed to deposit Rs. 5,000/- (Rupees five thousand) for summoning of respondent No. 6, which he had already deposited vide original tender receipt dated 25-9-2006. On 26- 7-2006 this Court had issued notices to respondent No. 5 who has appeared in the Court and has filed a counter-affidavit through Sri Sudhir Kumar Singh, Advocate on his behalf as well on behalf of respondent No. 6.

(3.) UNDER the orders of this Court respondent No. 6 Asha Gupta had appeared before this Court on 30- 10-2006 and her statement was recorded in open Court. In her statement she had clearly stated that she is graduate from S. C. College Ballia. She had married with the petitioner Manoj Kumar Gupta, who is present in Court. At the time of marriage neither her nor her family members were informed that Manoj Kumar Gupta was already married. Her marriage was solemnized on 5-5-2005 at Ballia. Six days after the marriage she came to know that the petitioner was already married. She does not want to live with the petitioner as he was already married.