In this habeas corpus petition, Alka Singh sought her husband's custody, alleging illegal detention by her father. The court noted her marriage lacked valid proof and she had not attained majority; thus, custody with her father was not illegal. The petition was dismissed.
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Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 40 of 2023
Petitioner :- Smt. Alka Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hasan Abbas Counsel for Respondent :- G.A.,Arvind Kumar Pandey
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the petitioner, learned counsel for private respondents, learned AGA for the and perused the material placed on record.
Learned counsel for the petitioner submitted that the corpus Smt. Alka Singh and deponent has solemnized their marriage at the temple on 22.10.2022 with their free will. She is just one month short of attaining age of majority on the date of said marriage. This is a matter of common experience that the age of children mentioned by their parents in lower side, while getting them admitted in school, keeping in view their career prospects, in fact she was major at the time of marriage. The father of the petitioner lodged an FIR against deponent under Section 363 IPC, in which petitioner has been released on bail by orders of competent court. However, as respondent No.4 was intended to marry corpus and was looking for a match to her daughter, she left her home on 10.10.2022 and went to Punjab where the deponent was working and thereafter they have solemnized their marriage. When the corpus came to know that her father lodged an FIR in the matter, she returned from Punjab with the deponent and police arrested the deponent and handed over the corpus to his father. Since then, she is in illegal detention of her father and he denied to part with the custody of corpus to the deponent, who is her husband. Hence, the production of corpus before this Court is prayed for.
Learned counsel for the private respondents submitted that there is no proof of any short of marriage of corpus/petitioner with the deponent Abhishek Yadav. An FIR was lodged by respondent No.4 against unknown person under Section 363 IPC, however, the name of deponent surfaced during investigation and Section of POCSO Act has been added during investigation. Therefore, the petition is devoid of any force and is deserve to be dismissed.
Considering the rival submissions of learned counsel for the parties, the admitted fact that on the date when corpus left her
parental home, she had not attained the age of majority, there is no valid proof of her marriage with the deponent and she is admittedly living with her father, hence, her custody cannot be said illegal, as such. Therefore, the present writ petition is dismissed .
The deponent may seek statutory remedy, if any, available to him at the appropriate forum.
Order Date :- 28.1.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether custody of an underage girl who solemnized a marriage without valid proof thereof can be granted to the husband in a habeas corpus petition.
Whether the petitioner's presence with her father constitutes illegal detention when there is no proof of valid marriage.
Alka Singh
State Of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
