Barred a habeas corpus petition claiming illegal detention of a major wife living with her father, directing the petitioner to file a divorce suit under the Hindu Marriage Act instead.
No relief granted; petitioner directed to file suit under Section 9 of The Hindu Marriage Act, 1955.
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Neutral Citation No. - 2024:AHC-LKO:2040
Court No. - 16
Case :- HABEAS CORPUS WRIT PETITION No. - 5 of 2024
Petitioner :- Khushbu Thru. Her Husband Lal Chand Rawat Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Anil Sharma,Sameer Shukla Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard 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 detenue before this Hon'ble High Court.
Learned counsel for the petitioner submits that the marriage of Khushbu (the detenue) and Lal Chand Rawat (the next friend of the detenue) was solemnized on 08.12.2023 and they were living happily. He further submits that on 15.12.2023, the opposite party no.3 called the petitioner alongwith the detenue and forcibly detained the detenue and handed over to the opposite party no.6.
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 parents and respondent no.6 is father of the detenue. He further submits that it cannot be said that the major daughter living with her father after marriage is under illegal detention. The detenue is major and she is free to live anywhere she wants on her own sweet will and even though the next friend, who claims to be husband, has not annexed any document to justify that they are married to each other nor any proper marriage registration certificate is filed alongwith the petition nor any other relevant document is filed, which shows that they are married legally as per Hindu rites and rituals except some photographs.
Learned A.G.A.-I further submits that if the detenue is legally wedded wife and she is not coming from her parents' house to live with the next friend, Lal Chand Rawat, 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 parents and respondent no.6 is father of the detenue and it cannot be said that the major daughter living with her father 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 the next friend, who claims to be husband, has not annexed any document to justify that they are married to each other nor any proper marriage registration certificate is filed alongwith the petition nor any other relevant document is filed, which shows that they are married legally as per Hindu rites and rituals except some photographs.
In view of above, this Court is of the view that the petitioner may avail remedy as available under Section 9 of the The Hindu Marriage Act, 1955 to file a suit before the appropriate forum.
With the above observations, the instant writ petition is disposed of .
Order Date :- 9.1.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a major detained daughter living with her father is under illegal detention after marriage.
Whether lack of marriage registration prevents a habeas corpus petition for custody of wife.
1 provisions across 1 enactments
Khushbu Thru. Her Husband Lal Chand Rawat
State Of U.P. Thru. Prin. Secy. Home Lko.
Opposite Party No. 6
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
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