IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (Habeas Corpus) No. 5 of 2008 Sumit Kumar …Petitioner Versus State of Uttarakhand & others .. Respondents Sri D.N. Sharma, Advocate, for petitioner Sri S.S. Adhikari, A.G.A. for respondents no. 1 & 2 Sri Lalit Sharma, Advocate, for respondent no. 3 Dated: May 12, 2008 Hon’ble B.C. Kandpal, J. Case was taken up after lunch. Sri D.N. Sharma, Advocate, for petitioner. Sri S.S. Adhikari, A.G.A. for respondents no. 1 and 2. Sri Lalit Sharma, Advocate, for respondent no. 3. Shweta Devvanshi daughter of respondent no. 3-Smt. Sushma Devvanshi is present in the Court. She disclosed her date of birth 2nd May, 1989. From appearance also she looks more than 18 years of age. Her statement was recorded in the Court. She has stated that she wants to go with her mother- respondent no. 3 Smt. Sushma Devvanshi. She has further stated that she was never married with Sumit Kumar/petitioner before this Court. She has also stated the affidavit filed along with writ petition as Annexure-4 also contains wrong facts. In view of the statement given by Shweta Devvanshi, I direct that she is at liberty to go with her parents in accordance with her own wish. 2 Petitioner-Sumit Kumar has dragged respondent no. 3 before this Court by filing the Habeas Corpus Writ Petition. He has averred in the writ petition that he was married with Shweta Devvanshi and has filed some photographs as well as affidavit (Annexure-4) showing therein that the marriage between the petitioner and Shweta Devvanshi was solemnized on 14.10.2007. Counter affidavit has been filed by respondent no. 3 denying the authenticity of the aforesaid affidavit contained in Annexure-4 to the petition. It has been pleaded in the counter affidavit that Annexure-4 is nothing but a bogus document. Paragraph-6 of the counter affidavit reveals that the marriage certificate issued by Arya Samaj Mandir Samiti is dated 16.10.2007, while the affidavit contained in Annexure-4 to the writ petition shows that the same was verified on 17.10.2007. The facts mentioned in the affidavit indicate that marriage was solemnized on 14.10.2007. According to the submission raised by learned counsel for respondent no. 3, the affidavit itself creates a doubt about its authenticity. Learned counsel for the petitioner has made the rival contention that the affidavit (Annexure-4) nowhere indicates that on 14.10.2007 the marriage between Sumit Kumar and Shweta Devvanshi took place. He has submitted that in fact the marriage took place on 16.10.2007 when the certificate of marriage was issued. However, without considering the merit of the case, I direct Shweta Devvanshi to go with her 3 parents as she has disclosed her wish before the Court. As respondent no. 3 had to be dragged in a baseless and frivolous litigation and she had to suffer mental agony by participating in the proceedings before this Court as well as she had to produce her daughter for her statement before this Court, I direct that the petitioner should pay a sum of Rs.10,000/- before this Court. Out of Rs.10,000/-, Rs.5,000/- shall be paid to respondent no. 3 as damages and remaining Rs.5,000/- shall be deposited in the account of High Court Legal Services Committee. With the aforesaid observations, the petition is dismissed. (B.C. Kandpal, J.) SP