Disposed¶14

Smt. Bharti Rawat Thru. Guddu and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Allahabad HC5 Feb 2024/26/2024

Case brief

AI extract

What is this about?

Habeas corpus; illegal detention; major married woman; willing residence with mother; custody of wife; no proof of marriage or marriage registration certificate; liberty to file suit under Section 9, The Hindu Marriage Act, 1955; Habeas Corpus Writ Petition No. 26 of 2024; Neutral Citation 2024:AHC-LKO:10430; High Court of Judicature at Allahabad, Lucknow Bench; Shamim Ahmed, J.; decided 5.2.2024; petitioner Smt. Bharti Rawat thru. Guddu; State of U.P.

What did the court decide?

Writ of habeas corpus not issued; petition disposed of with liberty to the petitioner to avail the remedy under Section 9 of the The Hindu Marriage Act, 1955 by filing a suit before the appropriate forum. ¶14

Smt. Bharti Rawat Thru. Guddu and Another Vs State… — Matrimonial and Divorce | Allahabad HC (2024)

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the detenue, a major married woman allegedly taken away by her brother, is under illegal detention with her mother, warranting a writ of habeas corpus for her production and release to the custody of her husband. +1 more

¶8

Court's answer

The detenue is not under illegal custody as she is willingly living with her mother, who is respondent no.2.

¶13

Ratio / Principle

A major daughter living with her mother after marriage cannot be said to be under illegal detention, as the detenue is major and free to live anywhere she wants on her own sweet will.

¶13

Key takeaways

The next friend claiming to be the husband has not annexed any document, marriage registration certificate or other relevant document showing that the parties are legally married as per Hindu rites and rituals.ratio¶13
The petitioner was granted liberty to avail the remedy available under Section 9 of the The Hindu Marriage Act, 1955 by filing a suit before the appropriate forum instead of pursuing the habeas corpus petition.ratio¶14

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition by a husband (through next friend) seeking production and release of his wife, alleged to have been taken away by her brother on the pretext of their mother's illness: Held, the detenue is not under illegal custody as she is willingly living with her mother (respondent no.2); a major daughter living with her mother after marriage is not under illegal detention, the detenue being major and free to live anywhere on her own sweet will; the next friend claiming to be the husband annexed no document, marriage registration certificate or other material showing a lawful marriage as per Hindu rites and rituals; petition disposed of with liberty to the petitioner to avail the remedy under Section 9 of the The Hindu Marriage Act, 1955 before the appropriate forum. (Allahabad High Court, Lucknow Bench; Shamim Ahmed, J.; Order Date 5.2.2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:10430

¶2

Court No. - 16

¶3

Case :- HABEAS CORPUS WRIT PETITION No. - 26 of 2024

¶4

Petitioner :- Smt. Bharti Rawat Thru. Guddu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others

¶5

Counsel for Petitioner :- Shashank Shukla,Prachi Shukla Counsel for Respondent :- G.A.

¶6

Hon'ble Shamim Ahmed,J.

¶7

Heard Sri Shashank Shukla, learned counsel for the petitioner as well as Sri Hari Shanker Bajpai, learned A.G.A.-I for the State and perused the record.

¶8

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.

¶9

Learned counsel for the petitioner submits that the marriage of the Smt. Bharti Rawat (the detenue) and Guddu (the next friend of the detenue) was solemnized 18 years ago and they were living happily. He further submits that on 13.10.2023, the brother of detenue came to his home and informed the detenue that her mother is seriously ill and took away the detenue with him, however, he is not sending her back to her matrimonial home.

¶10

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 respondent no.2 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 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 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.

¶11

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

¶12

live with the next friend, Guddu, 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.

¶13

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.2 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. 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 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.

¶14

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.

¶15

Order Date :- 5.2.2024 Saurabh

¶16

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Bharti Rawat Thru. Guddu and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Smt. Bharti Rawat Thru. Guddu and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Samar Singh @ Babloo Singh and Another Vs State of U.P.

Chet Ram and ORS.2 Vs State of U.P.

Raju Balmiki Vs State of U.P.

Lala Ram Nai . Vs State of U.P.

Kamlesh Kumar Verma Vs State of U.P.

Bhola Nath Singh Vs State of U.P.