Disposed

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

Allahabad HC5 Feb 2024HABC/26/2024

Case brief

AI extract

What is this about?

This court dismissed a habeas corpus petition seeking liberty for a married woman living with her mother. The court held that a major adult is free to choose her residence and since no marriage documents were produced, the petition was disposed of with liberty to file a suit under Section 9 of the Hindu Marriage Act.

What did the court decide?

Petition dismissed; liberty granted to file suit under Section 9 of The Hindu Marriage Act, 1955.

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

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

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Court No. - 16

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

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

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

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Hon'ble Shamim Ahmed,J.

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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.

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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. 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.

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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 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.

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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 mother's house to

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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.

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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 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.

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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 :- 5.2.2024 Saurabh

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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?

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

Case brief

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