Dismissed

Smt. Suman Thru. Her Husband Sri Om Prakash and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

Allahabad HC1 Feb 2024HABC/24/2024

Case brief

AI extract

What is this about?

Petitioner sought habeas corpus against her father alleging illegal detention. Court rejected the plea, holding the major wife lives willingly with her parents and she is free to choose her residence, dismissing the petition. (120-14)

What did the court decide?

The writ petition is disposed of with liberty to file a suit under Section 9 of the Hindu Marriage Act, 1955.

Smt. Suman Thru. Her Husband Sri Om Prakash and… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:9251

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 24 of 2024

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Petitioner :- Smt. Suman Thru. Her Husband Sri Om Prakash And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Ajey Singh, learned counsel for the petitioner as well as Sri Vinay Kumar Shahi, learned A.G.A.-I for the State and perused the record.

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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.

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Learned counsel for the petitioner submits that the marriage of the Smt. Suman (the detenue) and Om Prakash (the next friend of the detenue) was solemnized on 28.04.2017 and they were living happily. He further submits that father of the detenue has illegally detained the corpus and is not permitting her to go outside.

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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.3 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.

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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, Om Prakash, 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.

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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.3 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.

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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.

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Order Date :- 1.2.2024 Saurabh

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

Smt. Suman Thru. Her Husband Sri Om Prakash and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

Case brief

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Smt. Suman Thru. Her Husband Sri Om Prakash and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

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Smt. Suman Thru. Her Husband Sri Om Prakash and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others