Sandhya Yadav Thru. Her Next Friend/Husband Pradumm Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Sandhya Yadav Thru. Her Next Friend/Husband Pradumm Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Habeas corpus petition dismissed as misconceived; office directed to return Rs. 50,000/- deposited by the deponent under the order dated 29.04.2025, to be transferred to his account on furnishing verified account details.

Issue for consideration

Whether the alleged detenue, Ms. Sandhya Yadav, is in unlawful custody or detention such that a writ of habeas corpus should issue. +1 more

Court's answer

The alleged detenue is not in unlawful custody: she is residing with her father of her own sweet will and volition, does not want to go and reside with her husband, and had not asked the deponent to file the present petition.

Ratio / Principle

The habeas corpus petition is misconceived and without merit, and is accordingly dismissed.

Key takeaways

Since the detenue does not want to live with her husband and raises no objection, the office is directed to return the amount of Rs. 50,000/- deposited by the deponent, to be transferred to his account on furnishing account details after verification.ratio¶15

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 145 of 2025 (Allahabad High Court, Lucknow Bench, Court No. 11), decided by Hon'ble Rajnish Kumar, J. on 12.5.2025. The petitioner-wife, through her next friend/husband, sought habeas relief alleging detention of the alleged detenue, Ms. Sandhya Yadav. On production in person pursuant to the Court's order dated 29.04.2025, the detenue, aged 21 years (DOB 01.01.2004) and studying in final year graduation, stated she was residing with her father of her own sweet will and volition; admitted marriage solemnized on 04.04.2023 at Dev Kali Mandir, Ayodhya and registered on 18.04.2023 before the Marriage Registration Officer, Ayodhya; stated she had never lived with her husband, wished to live with her father, and had not asked the deponent to file the petition. Holding that she was not in unlawful custody, the Court found the petition misconceived and without merit and dismissed it. The office was directed to return Rs. 50,000/- deposited by the deponent under the order dated 29.04.2025, to be transferred to his account on furnishing account details after verification, there being no objection by the detenue.

Neutral Citation No. - 2025:AHC-LKO:27777

Court No. - 11

Case :- HABEAS CORPUS WRIT PETITION No. - 145 of 2025

Petitioner :- Sandhya Yadav Thru. Her Next Friend/Husband Pradumm Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Counsel for Petitioner :- Prashant Vikram Singh Counsel for Respondent :- G.A.

Hon'ble Rajnish Kumar,J.

Sri Tulsi Ram Yadav, Advocate has filed his Vakalatnama on behalf of respondent no.4, which is taken on record.

In deference to the previous order dated 29.04.2025 passed by this Court, the alleged detenue- Ms. Sandhya Yadav is present in person.

On a query being put by this Court, she told her name as Sandhya Yadav, age as 21 years and her date of birth as 01.01.2004 and that she is studying in final year graduation. She further states that she is residing with her sweet will and volition with her father.

On a query being put regarding her marriage with the deponent, she admits that the marriage was solemnized on 04.04.2023 at Dev Kali Mandir, Ayodhya and the marriage was registered on 18.04.2023 before the Marriage Registration Officer, Ayodhya. She further states that she has never lived with her husband and she is continuously residing with her father. She categorically states that she wants to live with her father and make her carrier bright. She also categorically states that she does not want to go and live with deponent i.e. her husband.

She also states that she had not asked to the deponent to file the present habeas carpus petition.

In view of the above statement made by the detenueMs. Sandhya Yadav before the Court, it cannot be said that she is in unlawful custody as she is residing with sweet will and volition with her father and she does not want to go and reside with her husband . She further states that she had not asked the deponent to file the present habeas carpus petition before this Court.

In view of above, this habeas carpus petition is misconceived having no merit. It is accordingly dismissed .

Learned counsel for the petitioner submits that since the detenue does not want to live with the deponent i.e. her husband, therefore, the money deposited under the order dated 29.04.2025 passed by this Court may be returned to the deponent. To which there is no objection by the detenue and submits that she does not want any money.

In view of the above, office is directed to return the amount of Rs. 50,000/- deposited by the deponent to him, which shall be transferred in his account on furnishing the account details by the deponent, after verification.

(Rajnish Kumar,J.)

Order Date :- 12.5.2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench