Allowed¶18

Pinki Thru. Her Husband Shailendra Sharma v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt.Lko. and 2 Others

Allahabad HC4 Sept 2025HABC/314/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), HABEAS CORPUS WRIT PETITION No. - 314 of 2025, decided September 4, 2025, by Hon'ble Subhash Vidyarthi, J. Husband's writ petition for release of wife Smt. Pinki from alleged illegal detention by her mother/opposite party no. 3 Smt. Roop Rani; detenue produced in Court, found to be major (D.O.B. 01.01.2006), four months pregnant, married of her own free will; forcible restraint by mother recorded; writ petition allowed and detenue set at liberty to join her husband Sri Shailendra Sharma.

What did the court decide?

Smt. Pinki is set at liberty to join the company of her husband Sri Shailendra Sharma. ¶18

Pinki Thru. Her Husband Shailendra Sharma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt.Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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HABEAS CORPUS WRIT PETITION No. - 314 of 2025

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Pinki Thru. Her Husband Shailendra Sharma

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Govt.Lko. And 2 Others

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.....Respondent(s) Counsel for Petitioner(s) : Savita Jain Counsel for Respondent(s) : G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Smt. Savita Jain, learned counsel for the applicant and Sri J.S. Tomar, learned AGA-I for the State are present.

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The alleged detenue Smt. Pinki has been produced by Sub Inspector Sri Vipin Kumar along with lady Constable Ms. Shashi Bala of Police Station Bijnaur, District Lucknow. She stated that she has married Sri Shailendra Sharma, who has filed this writ petition for her release from illegal detention form her mother Smt. Roop Rani (opposite party no. 3). She further stated that her mother has also accompanied her to this Court.

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The opposite party no. 3 Smt. Roop Rani has also appeared before this Court in person and she has stated that her daughter Pinki had married Shailendra Sharma against her wishes and, therefore, she has not permitted her to go with her husband. The date of birth of the alleged detenue Pinki is 01.01.2006 from which it appears that she is major. Her ultrasonography report is annexed with the petition which discloses that she is having four month's pregnancy. She has categorically stated before this Court that she has married Shailendra Sharma out of her own free will and she wants to live with him.

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From the statement made by the opposite party no. 3, it appears that she has been forcibly restrained the alleged detenue Smt.

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HABC No. 314 of 2025

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Pinki and she is not permitted her to join the company of her husband.

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In view of the above, the writ petition is allowed .

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Smt. Pinki is set at liberty to join the company of her husband Sri Shailendra Sharma.

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September 4, 2025

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Pradeep/-

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(Subhash Vidyarthi,J.)

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

Pinki Thru. Her Husband Shailendra Sharma v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt.Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Pinki Thru. Her Husband Shailendra Sharma v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt.Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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