Simpee Yadav Thru. His Husband Vivek Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 5 Others — Allahabad HC (2025) — LawSathi Research

Simpee Yadav Thru. His Husband Vivek Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as lacking substance. Additionally, the petitioner was directed to hand over a demand draft of Rs. 35,000/- to Ms. Simpee Yadav on or before the next date of listing (27.01.2025); if he fails, the amount of Rs. 35,000/- is to be recovered as arrears of land revenue by the Collector concerned, with the recovery order to be passed only if the draft is not paid till the next date of listing. Petitioner to remain present in person on the next date; Ms. Simpee Yadav may also remain present to receive the draft.

Issue for consideration

Whether Ms. Simpee Yadav was under illegal detention, i.e., whether the condition precedent for invoking the writ of habeas corpus (illegal detention) existed.

Court's answer

Ms. Simpee Yadav has not been illegally detained by anyone; she is residing with her parents with her free wish and will, and therefore the condition precedent for invoking the writ of habeas corpus, namely illegal detention, is lacking in this case.

Ratio / Principle

Ms. Simpee Yadav appears to be a major and is free to reside anywhere at the place of her choice.

Detailed headnote1 paragraphs

HABEAS CORPUS WRIT PETITION No. 375 of 2024, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 14; Hon'ble Mohd. Faiz Alam Khan, J.; order dated 16.1.2025. Petition preferred by Simpee Yadav through her husband Vivek Kumar against the State of U.P. and others. In compliance with an earlier order, Ms. Simpee Yadav appeared in person and was identified by counsels Nirmala Devi, Saryu Ram and Ram Raj. On being asked, she stated that her marriage was not solemnized with the petitioner, that she is living with her parents with her free wish and will, that she has not been illegally detained, and that she is happy in her parents' house and would continue to reside with them. The Court found that she has not been illegally detained by her parents and resides with them of her free wish and will; the condition precedent for invoking the writ of habeas corpus, i.e., illegal detention, is lacking; she appears to be major and is free to reside anywhere at the place of her choice. The petition was accordingly dismissed as devoid of substance. Separately, since the demand draft of Rs. 35,000/- which the petitioner's counsel had undertaken on 13.12.2024 to provide to the detenue could not be prepared, the petition was listed on 27.01.2025 solely for delivery of the draft, failing which the amount is recoverable as arrears of land revenue by the Collector concerned (recovery order only upon default).

Court No. - 14

Case :- HABEAS CORPUS WRIT PETITION No. - 375 of 2024

Petitioner :- Simpee Yadav Thru. His Husband Vivek Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 5 Others

Counsel for Petitioner :- Amit Sachan,Sunendra Kumar Counsel for Respondent :- G.A.

Hon'ble Mohd. Faiz Alam Khan,J.

Heard the learned counsel for the petitioner as well as the learned AGA for the State and perused the record.

In compliance with the earlier order of this Court, Ms. Simpee Yadav has appeared in person before this Court. She has been identified by Ms. Nirmala Devi, Saryu Ram and Ram Raj, learned counsels who had filed power/ Vakalatnama on her behalf.

Ms. Simpee Yadav on being asked stated that her marriage was not solemnized with the petitioner and that she is living with her parents with her free wish and will and has not been illegally detained. She has further stated that she is happy in the house of her parents and would continue to reside with them.

Keeping in view the statement made by Ms. Simpee Yadav, it is evident that she has not been illegally detained by her parents and is residing with them with her free wish and will. Thus, the condition precedent for invoking the jurisdiction of the writ of habeas corpus i.e. illegal detention is lacking in this case as the alleged detenue has not been illegally detained by any one. She appears to be major and she is free to reside any where at the place of her choice.

Thus, for the reasons mentioned herein before, I do not find any substance in the petition and the same is dismissed as such.

It is also evident that on 13.12.2024 a statement was given by learned counsel for the petitioner that on the next date a draft of Rs. 35,000/- would be provided to detenue Ms. Simpee Yadav by the petitioner. Today it is informed by the petitioner, who is present in person, as well as his counsel that due to certain exigencies the draft of Rs. 35,000/- could not be prepared.

In view of the above, list this petition on 27.01.2025 only for the purpose of providing a demand draft of Rs. 35,000/- to Ms. Simpee Yadav. It is further provided that if the petitioner fails to handover a demand draft of Rs. 35,000/- to Ms. Simpee Yadav on or before the next date of listing, the amount of Rs. 35,000/- shall be recovered as an arrears of land revenue by the Collector concerned. However, an order in this regard would be passed if demand draft amounting to Rs. 35,000/- is not paid to Ms. Simpee Yadav till the next date of listing.

8. List accordingly on 27.01.2025.

It is further provided that the petitioner shall remain present before this Court in person and if Ms. Simpee Yadav would like she may also remain present for the purpose of receiving demand draft of Rs. 35,000/-

Order Date :- 16.1.2025 Muk

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench