Smt. Laxmi Thru. Her Next Friend Namely Sanju and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 217 of 2024 Petitioner :- Smt. Laxmi Thru. Her Next Friend Namely Sanju And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Satish Kumar Srivastava,Anand Kishore Saxena Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Satish Kumar Srivastava, 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 she may be set at liberty under the care and custody of her husband. Learned counsel for the petitioner submits that the marriage of the Smt. Laxmi (the detenue) and Sanju (the next friend of the detenue) was solemnized on 14.06.2018 and they were living happily. He further submits that now the respondent nos.4 & 5 have illegally detained the detenue and are 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 she is willingly living with her mother and brother and respondent no.4 is mother of the detenue. He further submits that it cannot be said that the major daughter living with her mother after marriage is under illegal detention. The detenue is major and she is free to live anywhere she wants on her own sweet will. Learned A.G.A.-I further submits that if the detenue is legally wedded wife and she is not coming from her mother's house to live with the next friend, Sanju, then he 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 wife claiming that she is under illegal detention. After hearing learned counsel for the respective parties, this Court finds that the detenue is not under illegal custody as she is willingly living with her mother and respondent no.4 is mother of the detenue and it cannot be said that the major daughter living with her mother after marriage is under illegal detention as the detenue is major and she is free to live anywhere she wants on her 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 :- 25.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench