Disposed

Sakshi Thru. Her Husband Amit Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC20 Feb 2024HABC/36/2024

Case brief

AI extract

What is this about?

The Court disposed of a habeas corpus petition seeking the release of a major detainee living willingly with her parents. The Court held that a major living with parents is not under illegal custody and noted the lack of marriage documentation. Liberty was granted to seek remedy under Section 9 of the Hindu Marriage Act.

What did the court decide?

Disposed of with liberty to file suit under Section 9 of the Hindu Marriage Act, 1955.

Sakshi Thru. Her Husband Amit Kumar vs State of… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15798

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 36 of 2024

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Petitioner :- Sakshi Thru. Her Husband Amit Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Brijendra Singh Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Brijendra Singh, learned counsel for the petitioner as well as Sri Ashok Srivastava, learned A.G.A. 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 Sakshi (the detenue) and Amit Kumar (the next friend of the detenue) was solemnized on 29.08.2023 and they were living happily. He further submits that on 24.12.2023, the mother of the detenue came to their home and took the detenue forcefully alongwith with her.

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On the other hand, learned A.G.A. for the State submits that the detenue is not under illegal custody as she is willingly living with her parents and respondent no.4 is mother of the detenue. He further submits that it cannot be said that the major daughter living with her parents 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 except some photographs.

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Learned A.G.A. 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, Amit Kumar, then he has a remedy to file a suit under Section 9 of the The Hindu Marriage Act, 1955

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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.4 is mother of the detenue and it cannot be said that the major daughter living with her parents 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 except some photographs.

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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 :- 22.2.2024 Saurabh

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

Sakshi Thru. Her Husband Amit Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Sakshi Thru. Her Husband Amit Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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What did the court decide?

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