Disposed¶26

Mahek Vimal Thru. Her Husband Satyam Verma @ Siddharth v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 5 Others

Allahabad HC9 Jun 2025HABC/190/2025

Case brief

AI extract

What is this about?

Habeas corpus writ petition; illegal detention of adult married detenue; detenue major (DOB 10.11.2005, aged about 21 years); marriage of own volition on 07.05.2025 at Arya Samaj Temple, Kanpur Nagar; liberty to detenue to join company of person of her own choice; deposit and refund of Rs.50,000/-; interim order dated 23.05.2025; Police Station Kotwali/Sohramau, District Unnao; Allahabad High Court, Lucknow Bench; Rajeev Singh, J.; order dated 9.6.2025; Neutral Citation 2025:AHC-LKO:35014.

What did the court decide?

Liberty to the detenue to join the company of a person of her own choice; refund of Rs.50,000/- deposited by the deponent to the detenue forthwith; presence of the officers dispensed with. ¶26

Mahek Vimal Thru. Her Husband Satyam Verma @ Siddharth Vs State of U.P. Thru. Prin. Secy. (Home) Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the detenue to join the company of a person of her own choice; refund of Rs.50,000/- deposited by the deponent to the detenue forthwith; presence of the officers dispensed with.

¶26

Issue for consideration

Whether the detenue Mahek Vimal was in illegal detention and was entitled to be set at liberty by a writ of habeas corpus. +1 more

¶8

Court's answer

Considering the submission of the detenue and her guardians present before the Court, the habeas corpus petition was disposed of with liberty to the detenue to join the company of a person of her own choice.

¶26

Ratio / Principle

The Court acted on the detenue's categorical statement that she is a major (date of birth 10.11.2005, aged about 21 years), had married the deponent on 07.05.2025 in an Arya Samaj Temple at Kanpur Nagar, and was willing to join her husband.

¶24

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 190 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench; Rajeev Singh, J.; order dated 9.6.2025) — The petitioner (husband of the detenue through whom the petition was filed) sought a writ of habeas corpus for release of the detenue Mahek Vimal from alleged illegal detention by respondent nos.5 and 6, who were said to have forcibly taken her away after her marriage to the deponent on 07.05.2025. By interim order dated 23.05.2025 the Court issued notice to respondent nos.5 and 6 and directed the detenue's appearance subject to deposit of Rs.50,000/- by the petitioner. On production, the detenue categorically stated that she is a major lady (date of birth 10.11.2005, aged about 21 years), had married the deponent of her own liking on 07.05.2025 in an Arya Samaj Temple at Bena Jhabar, Kanpur Nagar, and was willing to join the company of her husband. The petition was disposed of with liberty to the detenue to join the company of a person of her own choice; the office was directed to refund the Rs.50,000/- deposited by the deponent to the detenue forthwith; and presence of the officers was dispensed with.

¶1

Neutral Citation No. - 2025:AHC-LKO:35014

¶2

Court No. - 11

¶3

Case :- HABEAS CORPUS WRIT PETITION No. - 190 of 2025 Petitioner :- Mahek Vimal Thru. Her Husband Satyam Verma @ Siddharth Respondent :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And 5 Others Counsel for Petitioner :- Dheeraj Awasthi Counsel for Respondent :- G.A.

¶4

Hon'ble Rajeev Singh,J.

¶5

Vakalatnama filed by Shri O.P. Tiwari, Advocate on behalf of respondent nos.5 and 6 is taken on record.

¶6

Heard learned counsel for the petitioner and learned counsel for respondent nos.5 and 6.

¶7

The present petition has been filed with the following prayer:

¶8

I. Issue a writ, order or direction in nature of Habeas Corpus to the Opposite Parties, particularly the Opposite Party No. 5 for the release of Corpus/Detenue namely Mahek Vimal from illegal detention and direct them to produce the Corpus Detenue before this Hon'ble Court forthwith and set her free at her liberty.

¶9

II. Pass any other Order or Direction deemed fit and necessary in the interest of justice and allow the Writ Petition with costs in favour of the Petitioner.

¶10

On 23.05.2025, following order was passed:

¶11

"Learned counsel for petitioner submits that the deponent and the detenue are major in age and they had married out of their sweet will and volition on 07.05.2025. Thereafter they were residing peacefully at the residence of the petitioner, but on 14.05.2025 the respondents no.5 and 6 alongwith other family members barged into the house of the petitioner and scuffled with him and forcibly took away the corpus/detenue alongwith them. The deponent has videography of the same.

¶12

The petitioner raised his grievance before the Police officials of Police Station Kotwali, District-Unnao, but he was illegally detained and was taken to Police StationSohramau, District-Unnao, where the opposite parties no.5 and 6 were present and threatened the petitioner that a false case is going to be lodged against him and soon he will be lodged in jail. He further submits that the

¶13

corpus/detenue had called the petitioner on 16.05.2025 on his mobile and informed him that she has been illegally detained at the house of opposite party no.5 which is located in Indira Nagar locality of District Unnao and is within the boundaries of Police Station-Kotwali, DistricUnnao. Therefore the petitioner has approached this court.

¶14

Shri S.P.Tiwari, learned A.G.A., on the basis of instructions, submits that the detenue is residing with her brother and she is happy there.

¶15

Matter requires consideration.

¶16

Issue notice to respondents no.5 and 6.

¶17

Steps to be taken within three days.

¶18

List on 9th of June, 2025.

¶19

The detenue shall appear on the next date.

¶20

The S.H.O. concerned shall ensure presence of the detenue on the next date subject to deposit of Rs.50,000/- by the petitioner within a period of one week from today, which shall be deposited before the Senior Registrar of this court and intimated to Shri S.P. Tiwari, learned A.G.A. with proof by 30th of May, 2025, who shall ensure presence of the detenue thereafter on the next date.

¶21

In case the deponent fails to deposit the amount of Rs.50,000/- within the time stipulated above, the detenue need not appear on the next date.

¶22

If the money is deposited, learned A.G.A. shall further inform to the SHO concerned for appearance of the detenue on the next date. "

¶23

In pursuance of earlier order, deteune- Mahek Vimal along with S.I.- Mr. Surendra Pratap Singh and Lady Constable- Ms. Bhawna Sharma, P.S.- Sohramau, District- Unnao as well as deponent- Satyam Verma @ Siddharth is present. Respondent No.5- Tanu Vimal @ Rohit Vimal (Maternal Uncle of detenue) and respondent no.6- Shiva Vimal (Brother of detenue) are also present and they are duly identified by their counsel.

¶24

Detenue has categorically stated before this Court that she is a major lady, her date of birth is 10.11.2005 and she is aged about 21 years. She likes deponent and they have already entered into marriage on 07.05.2025 in an Arya Samaj Temple situated in Bena Jhabar, Kanpur Nagar. Now, she is willing to join the company of her husband i.e. deponent- Satyam Verma @ Siddharth, R/o 243/9, Bandhu Har, Civil Lines, Unnao, Post Office- Unnao, District- Unnao, Pin Code- 209801, AADHAR

¶25

Card No.968698477612.

¶26

Considering the submission of detenue as well as guardians of detenue present before this Court, The present petition is disposed of with the liberty to the detenue to join the company of a person of her own choice.

¶27

The office is directed to refund Rs.50,000/- to the detenue deposited by the deponent in compliance of order dated 23.05.2025, forthwith.

¶28

Presence of officers is hereby dispensed with.

¶29

Order Date :- 9.6.2025 V. Sinha

¶30

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Mahek Vimal Thru. Her Husband Satyam Verma @ Siddharth v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Mahek Vimal Thru. Her Husband Satyam Verma @ Siddharth v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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