Dismissed¶¶11

Smt. Kamrun Nisha and Another v. State of U.P. and 3 Others

Allahabad HC21 Mar 2025HABC/219/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Habeas Corpus Writ Petition No. 219 of 2025, decided 7.4.2025 by Hon'ble Vinod Diwakar, J. Petition by mother (Smt. Kamrun Nisha) seeking custody of major daughter (Aliya Khan @ Sheeba) allegedly detained by husband (Vinit Tiwari, respondent no. 4); corpus affirmed voluntary marriage and residence in Delhi; no illegal detention found; habeas relief refused; petition dismissed; police directed to ensure safe travel of the couple to Delhi. No statutes or precedents cited.

What did the court decide?

Direction to the police to take all necessary measures to ensure the safe travel of petitioner no. 2 (corpus) and respondent no. 4 to Delhi. ¶¶11

Smt. Kamrun Nisha and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 76

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Case :- HABEAS CORPUS WRIT PETITION No. - 219 of 2025

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Petitioner :- Smt. Kamrun Nisha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishvajit Tiwari,Yogesh Mishra Counsel for Respondent :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the petitioners, learned counsel for the respondent no. 4, learned A.G.A. for the State, and perused the records.

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Pursuant to the order dated 21.03.2025, the corpus, petitioner no. 2, Aliya Khan @ Sheeba, has been produced before the Court by respondent no. 4, Vinit Tiwari (husband).

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In response to the query raised by the Court, the corpus, petitioner no. 2, has stated that she is 22 years of age and has solemnized her marriage with respondent no. 4 out of her own free will, in accordance with Hindu customs and rites. She further stated that she is currently residing in Delhi and expressed a concern for her safety, as well as the safety of her husband, respondent no. 4, apprehending potential threats to their lives. Learned counsel for petitioner no. 2 has also requested that necessary arrangements be made to ensure a safe journey for petitioner no. 2 and respondent no. 4 up to Delhi.

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However, petitioner no. 2, Smt. Kamrun Nisha (mother of the corpus), who is also present in person before the Court, has stated that her daughter left her house with all the money and belongings, without informing to any of the family members and therefore, the custody of her daughter petitioner no.2, who is allegedly in illegal

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custody of respondent no.4, be handed over to her.

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In view of the facts and circumstances, it is noticed that the petitioner no.2 (corpus) is major and has solemnized marriage as contended with respondent no.4 out of her own sweet will and there is no evidence of any illegal detention, therefore, no indulgence can be warranted under writ jurisdiction in the aforesaid facts.

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The instant writ petition is devoid of merit and it is accordingly dismissed .

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It is further directed that the police shall take all necessary measures to ensure the safe travel of petitioner no. 2 and respondent no. 4 to Delhi.

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Order Date :- 7.4.2025 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Smt. Kamrun Nisha and Another v. State of U.P. and 3 Others

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Smt. Kamrun Nisha and Another v. State of U.P. and 3 Others

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