Pooja Devi Thru. Her Husband Yagya Kumar Vs State of U.P. Thru. Secy. (Home), Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Pooja Devi Thru. Her Husband Yagya Kumar Vs State of U.P. Thru. Secy. (Home), Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions in a pending habeas corpus petition: detenue to be produced before the Court on 1.4.2025 through the S.H.O., P.S. Behta Gokul, Hardoi with the assistance of the private respondent; deponent to deposit Rs.25,000/- before the Senior Registrar within ten days, failing which the production direction will not be enforceable; case listed on 1.4.2025.

Issue for consideration

Whether a writ of habeas corpus should issue directing production of the detenue (Pooja Devi) before the Court and her being set free according to her free will, she being allegedly detained at her parents' house at the instance of the private respondent after her marriage to the deponent.

Court's answer

Since the detenue admitted in the letter allegedly written by her that her marriage was solemnized with the deponent in Arya Samaj Mandir, Yaseenpur, Hardoi, her presence before the Court is required.

Ratio / Principle

The S.H.O., Police Station Behta Gokul, Hardoi is directed to ensure the presence of the detenue before this Court (listed on 1.4.2025) with the assistance of the private respondent.

Key takeaways

The deponent is directed to deposit Rs.25,000/- before the Senior Registrar of this Court within ten days, failing which the direction for presence of the detenue before the Court will not be enforceable.ratio¶¶15

Detailed headnote1 paragraphs

Habeas Corpus – production of detenue – interim order. Petitioner (through her husband, the deponent) alleged that the detenue, a major, married him on 24.4.2024 at Arya Samaj Mandir, Yaseenpur, Hardoi, and is since detained at her parents' house at the instance of the private respondent; an earlier Criminal Misc. Writ Petition No.4882 of 2024 was disposed of on 11.7.2024 with a police non-interference observation, without adjudicating the parties' ages. Learned A.G.A. placed written instructions dated 4.2.2025 of Sub Inspector Ramesh Kumar Dwivedi, P.S. Behta Gokul, Hardoi, stating that the detenue admitted the marriage in writing but did not wish to live with the deponent; petitioner's counsel contended the letter was written at the insistence of the private respondent. Held: in view of the detenue's admitted marriage in her letter, her presence before the Court is required; the S.H.O. was directed to ensure her presence on 1.4.2025 with the assistance of the private respondent; the deponent was directed to deposit Rs.25,000/- before the Senior Registrar within ten days, failing which the direction for her presence would not be enforceable. Petition pending; no final adjudication on detention or age.

Court No. - 13

Case :- HABEAS CORPUS WRIT PETITION No. - 37 of 2025

Petitioner :- Pooja Devi Thru. Her Husband Yagya Kumar Respondent :- State Of U.P. Thru. Secy. (Home), Lko And 3 Others Counsel for Petitioner :- Aditya Kumar Bajpai Counsel for Respondent :- G.A.

Hon'ble Rajeev Singh,J.

Heard.

The present petition is filed with the following prayer :-

"issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties for producing the detenue/petitioner before this Hon'ble Court and after recording the statement of the detenue/petitioner she may set to go her free will and accord."

Learned counsel for the petitioner submits that detenue is a major lady and marriage of the detenue and deponent was solemnized on 24.4.2024 in Arya Samaj Mandir, Yaseenpur, Hardoi. He further submits that they were enjoying their matrimonial life but threat was given by the private respondent, as a result, Criminal Misc. Writ Petition No.4882 of 2024 was filed by the deponent and detenue and said petition was disposed of on 11.7.2024 with the observation that if the petitioners have married each other and are living together, then the police shall not unnecessarily interfere in their peaceful married life and also observed that this Court has not adjudicated the age of the detenue and deponent. Learned counsel for the petitioner submits that on the request of private respondent, detenue went to her parents house but since then she is detained there, therefore, indulgence of this Court is necessary.

Learned A.G.A. placed written instructions duly signed by Mr. Ramesh Kumar Dwivedi, Sub Inspector, Police Station Behta Gokul, Hardoi dated 4.2.2025 (same is taken on record) and submits that detenue has categorically stated in writing that she entered into marriage with the deponent in Arya Samaj Mandir, Yaseenpur, Hardoi but they do not have any cooperation and she did not want

to live with the deponent.

Learned counsel for the petitioner submits that aforesaid letter was written by the detenue on the insistence of private respondent, therefore, she may be summoned.

Considering the submissions of learned counsel for the parties, going through the contents of the petition, written instructions as well as other relevant documents, as it is admitted by the detenue in letter, which is allegedly written by her that her marriage was solemnized with the deponent in Arya Samaj Mandir, Yaseenpur, Hardoi, therefore, her presence is required.

List this case on 1.4.2025.

The S.H.O., Police Station Behta Gokul, Hardoi is directed to ensure the presence of detenue before this Court with the assistance of private respondent.

The deponent is directed to deposit Rs.25,000/before the Senior Registrar of this Court within a period of ten days from today.

In case, aforesaid amount is not deposited, then the direction for presence of detenue before this Court will not be enforceable.

Order Date :- 6.3.2025 Gaurav/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench