DEEPA TRIPATHI Vs. OMKAR NATH TRIPATHI

JUDGEMENT

(1.) I. M. Quddusi, J. This writ petition in the nature of Habeas Corpus has been filed by Deepa Tripathi (Lubna Khan) through her next friend Yusuf Khan alias Saif son of Late Hameed Khan resident of 24 Yaqutganj, Allahabad praying for a writ of mandamus commanding respondents to produce the girl Deepa Tripathi before this court and to set her free for the illegal confinement of the respondents, who are the parents of the girl.

(2.) THE petition has been filed, inter-alia, on the allegations that Deepa Tripathi, the petitioner is aged about 20 years. THE date of birth of the girl mentioned in the High School certificate is 22-10-1978. THE petitioner married with Mr. Yusuf Khan (Saif) on 15-10-1997 ac cording to Muslim rites. THE parents of the girl do not want to marry her with Yusuf Khan as he belongs to different caste. A supplementary affidavit has been filed on 19-1-1998 in which it has been alleged that the parents of the girl came to Allahabad and on the pretext of viadyee they took away the girl and are detaining her illegally in confinement and hence this petition.

(3.) HEARD the learned Counsel for the parties and perused the record. The learned Counsel for the petitioner Sri Aijaz Ahmad Khan, submitted that in view of the statement of the girl he has nothing to say. The learned Counsel for the respondents submitted that such type of unscrupulous petitions not only put the parents into pecuniary loss but also jeop ardised their prestige and dignity and as such, this court should impose heavy cost to deter the unscrupulous litigant.