Dismissed

Rekha Verma Thru. Her Mother Kalawati v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Allahabad HC24 Sept 2024HABC/275/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition for Habeas Corpus to release herself from alleged illegal detention. The Court found she is a major who married in 2019 and resides with her husband. Finding no prima facie evidence of illegal detention, the petition was dismissed.

What did the court decide?

Petition dismissed as the petitioner is a major married woman residing with her husband, and there is no element of illegal detention.

Rekha Verma Thru. Her Mother… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68569

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Court No. - 15

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Case :- HABEAS CORPUS WRIT PETITION No. - 275 of 2024

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Petitioner :- Rekha Verma Thru. Her Mother Kalawati Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others

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Counsel for Petitioner :- Nishit Mishra Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record.

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The petitioner has filed this writ petition under Article 226 of the Constitution of India on the following prayers:-

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"i. A writ order or direction in the nature of Habeas Corpus thereby directing the Opp. Party No.2 & 3 to produce the detenue before this Hon'ble Court and set free her at her wish & will ii. Any other order or direction as this Hon'ble Court may deemed just fit and proper may also be passed in favour of the applicant."

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The State has produced before this Court for perusal the report submitted by the concerned Police Station, Aliganj, along with is enclosure and the same is taken on record. In the report it has been stated that the date of birth of the alleged detenue is 03.05.1989 and the detenue has stated to have solemnized marriage with the respondent no.4- Ravi Kumar in the year 2019 an is residing with him as his wife. An application written by the alleged detenue Rekha Verma is also enclosed with the report of the Police Station concerned wherein she has stated to have solemnized the marriage with the respondent no. 4 in the year 2019 at the age of 35 years. The Aadhar Card of the detenue has also been enclosed with the report wherein her date of birth has been shown as 03.05.1989 and of respondent no.4 has been shown as 01.05.1987. Extract of general diary of Police Station Aliganj has also been enclosed with regard to the presence of the detenue along with her husband - respondent no.4- Ravi Kumar. Thus, it prima facie appears that the detenue is major and has solemnized marriage with respondent no.4Ravi and is residing with him as her wife. Thus, there is no element with regard to illegal detention and thus, prima facie illegal detention of the alleged detenue is not emerging having regard to the facts and circumstances of this case.

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In view of above, the instant petition appears to have lost its efficacy and is dismissed, as such.

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It is clarified that this Court has not opined about the legality of the marriage or the observation of this Court shall not be construed as an opinion of this Court with regard to the age of the parties, as well.

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Order Date :- 3.10.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Rekha Verma Thru. Her Mother Kalawati v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Rekha Verma Thru. Her Mother Kalawati v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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