Dismissed

Smt. Mamta Thru. Her Husband Viresh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Allahabad HC28 Jan 2025HABC/28/2025

Case brief

AI extract

What is this about?

Habeas corpus petition by a man claiming his wife was detained by her parents. The court found the detenue a major living with her father as natural guardian, not in illegal custody, and held the Arya Samaj marriage certificate was not proof of a valid Hindu, Muslim or Special Marriage Act marriage; the petition was dismissed.

What the court decided

AI extract

Smt. Mamta Thru. Her Husband Viresh Kumar… — Child Custody and Guardianship | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:5338

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Court No. - 14

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Case :- HABEAS CORPUS WRIT PETITION No. - 28 of 2025

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Petitioner :- Smt. Mamta Thru. Her Husband Viresh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

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Counsel for Petitioner :- Archana Yadav Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

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The present petition has been filed for the following relief:

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"I. Issue a writ, order or direction in the nature of Habeas Corpus to commanding the opposite parties to release the the petitioner/detenue forthwith and set her free to live and lead her life with her own free will.

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II. Issue a writ, order or direction in the nature of Habeas Corpus to commanding the opposite party no. 4 to produce the petitioner/detenue before this Hon'ble Court

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III. Issue and other suitable, order or direction which this Hon'ble Court may deem, fit just and proper under the circumstances of the case in favour of the detenue/petitioner."

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It is submitted by learned counsel for the petitioner that Ms. Mamta is aged about 19 years was married to him in Arya Samaj, thereafter she was taken by her parents and now residing with them in Haryana. Since she is illegally detained, therefore, she be handed over to the custody of the petitioner.

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Learned A.G.A. opposed the aforesaid submission.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. and perusal of record, there appears that the detenue Ms. Mamta is major and living in custody of her father who is natural guardian cannot be said to be in illegal custody. The marriage certificate issued from Arya Samaj Sector H Aliganj, Lucknow cannot be said to be proof of marriage. Neither this marriage can be said to be Hindu marriage nor

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Muslim Marriage nor under provision of Special Marriage Act, therefore, order for custody in favour of the petitioner cannot be passed. As result, this petition being devoid of merit is liable to be dismissed.

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Accordingly, the present petition is dismissed.

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Order Date :- 28.1.2025 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mamta Thru. Her Husband Viresh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Case brief

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What the court decided

Smt. Mamta Thru. Her Husband Viresh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Case brief

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What the court decided

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