Aman Sharma Thru. His Wife Neetu v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 209 of 2024 Petitioner :- Aman Sharma Thru. His Wife Neetu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sheel Nidhi Shukla,Priya Mishra,Shiv Darshan Shukla Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Sheel Nidhi Shukla, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record. The instant writ petition has been filed seeking issuance of writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the petitioner (detenue) before this Hon'ble High Court and he may be set at liberty under the care and custody of his wife. Learned counsel for the petitioner submits that the marriage of the Aman Sharma (the detenue) and Smt. Neetu (the next friend of the detenue) was solemnized on 13.05.2024 and they were living happily. He further submits that the respondent no.4 has illegally detained the detenue and is not allowing the next friend to meet the detenue. On the other hand, learned A.G.A.-I for the State submits that the detenue is not under illegal custody as he is willingly living with his father i.e. respondent no.4. He further submits that it cannot be said that the major son living with his father after marriage is under illegal detention. The detenue is major and he is free to live anywhere he wants on his own sweet will. Learned A.G.A.-I further submits that if the detenue is legally wedded husband and he is not coming from her father's house to live with the next friend, Smt. Neetu, then she has a remedy to file a suit under Section 9 of the The Hindu Marriage Act, 1955 before the appropriate forum but not the present petition of Habeas Corpus for custody of husband claiming that he is under illegal detention. After hearing learned counsel for the respective parties, this Court finds that the detenue is not under illegal custody as he is willingly living with his father i.e. respondent no.4 and it cannot be said that the major son living with his father after marriage is under illegal detention as the detenue is major and he is free to live anywhere he wants on his own sweet will. With the above observations, the instant writ petition is disposed of with liberty to the petitioner to avail remedy as available under Section 9 of the The Hindu Marriage Act, 1955 to file a suit before the appropriate forum. Order Date :- 23.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench