- (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. On 20-1-1998, after hearing the learned Counsel for the petitioner notices were issued to respondents to produce Deepa Tripathi before this Court on 13-2-98. However, on 13-2-1998 no one ap peared in this Court. Thereafter 17-2-1998,18-2-1998 and 19-2-1998 also no one turned up and hence this court directed to send fax message to C. J. M. Lucknow to report about service. On 10-3-1998. Mr. Anurag Mishra, Advocate put in ap pearance on behalf of respondent Nos. 1 and 2 and the case was ordered to be listed on 11-3-1998 on which date the learned Counsel for the respondent stated that the girl Deepa Tripathi was living at Indor and was expected to come back on 22nd March 1998 and hence some date be fixed after , 22-3-1998. Accordingly the case was or dered to be listed on 26-3-1998 with the direction to produce the girl before this Court on that date. Today the girl, namely, Deepa Tripathi has been produced. Her state ment has been recorded in which she stated that she was living with her parents according to her own free will and that she was not in confinement of any body. She was free to move any where she likes and she wants to live with her parents. She has categorically stated that she was not in any type of confinement and she was not living with her parents against her wishes.
(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. Since the girl Deepa Tripathi is major, which fact has not been disputed by either party and has clearly stated before this. Court that she is not under confine ment of any body and wants to live with her parents, she is permitted to go any where she likes. The habeas corpus petition has not been filed on her instructions and, as such, the petitioner Yusuf Khan (Saif) is liable to pay costs.;