Smt. Seema Thru. Her Husband Ram Sewak v. State of U.P. Thru. Prin. Secy. Home Lko. and 7 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 237 of 2024 Petitioner :- Smt. Seema Thru. Her Husband Ram Sewak Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 7 Others Counsel for Petitioner :- Avikshit Mishra Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Avikshit Mishra, 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. Seema (the detenue) and Ram Sewak (the next friend of the detenue) was solemnized on 16.04.2007 and they were living happily. He further submits that now the detenue has been detained by the respondent nos.4 to 8 illegally and they 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 brothers and respondent nos.4 to 8 are real brothers of the detenue. He further submits that it cannot be said that the major girl living with her brothers after marriage is under illegal detention. The detenue is major and she is free to live anywhere she wants on her own sweet will. He further submits that he has received the instructions from the Sub Inspector of Police, Police Station Shahabad, District Hardoi, wherein it has been stated that the detenue is living on her own sweet will with the respondent nos.4 to 8 as her husband i.e. the next friend used to torture her physically. The instructions are taken on record. Learned A.G.A.-I further submits that if the detenue is legally wedded wife and she is not coming from her brothers' house to live with the next friend, Ram Sewak, 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 brothers and respondent nos.4 to 8 are real brothers of the detenue and it cannot be said that the major girl living with her brothers 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. This Court further finds that as per instructions received to the learned A.G.A.-I, the detenue is living on her own sweet will and as per her averment, her husband used to torture her. 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 :- 12.8.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench