UP: Dalit Man Files False Habeas Corpus to get Brahmin Girl as his Wife, High Court Slapped fine of 50K

 New Delhi: In a significant ruling, The Uttar Pradesh High Court has penalized a Dalit man with a fine of Rs. 50,000 for filing a false habeas corpus petition claiming Shraddha Shukla, a Brahmin girl from his colony, as his wife. The court found this action to be an attempt to defame Shraddha and her family in society. 

The case, listed as HABEAS CORPUS WRIT PETITION No. 149 of 2024, was heard by honorable Justice Shamim Ahmed in Court No. 16. The petitioner, Shivam Gautam, had claimed through his counsel, O.P. Tiwari, that Shraddha Shukla was his wife. In compliance with a previous order dated May 31, 2024, Shraddha Shukla appeared in court along with her father. Manoj Shukla was brought by sub-inspector Jag Mohan Yadav and lady constable Sadhna Pal from Police Station Ganga Ghat, district Unnao. Shivam Gautam also appeared with his advocate.

As part of the proceedings, Shivam Gautam handed over a demand draft of Rs. 15,000, drawn in favor of Shraddha Shukla, to cover her expenses for appearing in court. This draft was received by Shraddha in court.

During the hearing, Shraddha Shukla testified that she knew Shivam Gautam as a resident of the same neighborhood but denied having married him. She asserted that the petition was a malicious attempt to tarnish her and her family’s reputation using forged and fabricated documents. Shraddha requested the court to impose a fine on Shivam Gautam for his defamatory actions. 

Despite arguments from the petitioner’s counsel that Shraddha and Shivam were in a friendship relationship and that Shraddha is a major, the court was unconvinced. Justice Ahmed noted that Shraddha’s unequivocal denial of any marriage with Shivam Gautam indicated that the petition was entirely baseless and aimed solely at defaming her. 

Consequently, the court imposed a fine of Rs. 50,000 on Shivam Gautam for defaming Shraddha Shukla and her family. The court ordered Shivam Gautam to present a draft of Rs. 50,000 in Shraddha Shukla’s name by the next hearing date which is July 11, 2024.

Failure to do so would result in his immediate arrest, as directed to Sub-inspector Jag Mohan Yadav. The draft is to be collected by Manoj Shukla, Shraddha’s father. The court also exempted Shraddha Shukla from appearing in the court until further orders and Sub-inspector Yadav to ensure Shivam Gautam’s presence at the next hearing.      

Mahi Saha
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Mahi Saha, from Ranchi, reports for Neo Politico.

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