Smt. Sonam Maurya Thru.Her Husband Ashish Maurya and 2 Others v. State of U.P. Thru. Secy. Home Lko and 3 Others

Allahabad HC13 Feb 2025HABC/18/2025

Case brief

AI extract

What is this about?

habeas corpus; illegal detention of wife and two children; matrimonial dispute; mediation; Section 9 Hindu Marriage Act; demand draft Rs. 20,000; Police Station Talkatora Lucknow; interim directions; Allahabad High Court Lucknow Bench; Sonam Maurya; Ashish Maurya; Master Samant Maurya; State of U.P.; order dated 21.1.2025; listed 24.01.2025; Mohd. Faiz Alam Khan, J.

What did the court decide?

Interim directions only: opportunity for mediation; husband to deposit Rs. 20,000/- by demand draft in favour of Smt. Sonam Maurya within 03 days and place it before the Court; petition listed for 24.01.2025 as the first case after fresh cases, with further orders deferred until the draft is placed before the Court. ¶¶11

Smt. Sonam Maurya Thru.Her Husband Ashish Maurya… — Matrimonial and Divorce | Allahabad HC (2025)

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Court No. - 14

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Case :- HABEAS CORPUS WRIT PETITION No. - 18 of 2025

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Petitioner :- Smt. Sonam Maurya Thru.Her Husband Ashish Maurya And 2 Others Respondent :- State Of U.P. Thru. Secy. Home Lko And 3 Others Counsel for Petitioner :- Km. Madhurima Bhargava,Firdaus Siddiqui,Ramapati Yadav Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Km. Madhurima Bhargava, learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record.

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Learned counsel for the petitioners submits that the wife of the petitioner, namely, Smt. Sonam Maurya along with their two children, namely, Master Samant Maurya, aged about 06 year and baby girl child, aged about 1 and half month have been illegally detained by respondent no.3 and 4. It is also submitted that litigation is pending between the parties including proceeding under Section 9 of the Hindu Marriage Act, which has been instituted by the husband- petitioner.

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Learned A.G.A., however, relies on the written instructions submitted by the Police Station Talkatora, Lucknow, a perusal of which would reveal that the dispute between the parties is of matrimonial in nature.

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At this juncture, learned counsel for the petitioners submits that even if it is a dispute of matrimonial nature, the same may be resolved through the instrumentality of mediation and, therefore, a chance be given to the parties to settle the dispute amicably through the help of the process of mediation.

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Having regard to the submissions advanced by learned counsel for the petitioners, an opportunity may be given to the parties to settle their differences through the instrumentality of mediation. It is also submitted that to show his bonafide, the petitioner- husband is ready to deposit Rs. 20,000/- in favour of his wife Smt. Sonam Maurya within 03 days from today.

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Having regard to the statement given by learned counsel for the petitioners, let this case be listed on 24.01.2025 as the first case to be taken after the list of fresh cases, by which date,

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the husband- Ashish Maurya shall prepare a demand draft of Rs. 20,000/- in the name of Smt. Sonam Maurya (his wife) and place the same for perusal of this Court and it is only thereafter any further order in this petition shall be passed.

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Order Date :- 21.1.2025 Praveen

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

Smt. Sonam Maurya Thru.Her Husband Ashish Maurya and 2 Others v. State of U.P. Thru. Secy. Home Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sonam Maurya Thru.Her Husband Ashish Maurya and 2 Others v. State of U.P. Thru. Secy. Home Lko and 3 Others

Case brief

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What did the court decide?

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