NEELAM SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a habeas corpus petition alleging that corpus is wife of petitioner No.2. In order to prove that they were legally married, Sri Vishwanath Mishra, learned counsel for petitioners has placed reliance upon a certificate issued by Arya Samaj, Deeppur, Kanpur Nagar and further a document of Pradhan, Gram Panchayat, Mau, Sultanpur as well as certain photographs.

(2.) Sri Sunil Srivastava, on instructions submits that the girl has given a written statement to police authorities wherein she has disputed the marriage and stated that she is willingly residing with her parents.

(3.) The Court has flooded with the marriage certificates issued by different Arya Samaj Socieities which has been seriously questioned during different proceedings before this court as well as by other High Courts. The said institution has misused their beliefs in organizing the marriages without even considering genuineness of documents and since the marriage has been registered, therefore, only on the basis of said certificate it cannot be deemed that the parties have married. Otherwise also, habeas corpus is a prerogative writ and an extraordinary remedy. It cannot be issued as a right but only on reasonable grounds or probability is shown (see Mohammad Ikram Hussain v State of U.P. and others, 1964 AIR 1625 and Kanu Sanyal vs. District Magistrate Darjeeling, (1973) 2 SCC 674).