Dismissed¶13

Rubi Devi Thru. Her Husband Mukesh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC10 Feb 2025HABC/44/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Habeas Corpus Writ Petition No. 44 of 2025, decided 10.2.2025 by Subhash Chandra Sharma, J.; Neutral Citation 2025:AHC-LKO:8276. Petitioner Rubi Devi (through husband Mukesh), represented by Sagar Singh and Shri Ram Maurya, sought production and custody of detenue Rubi Devi on the claim of a temple marriage of a major; State of U.P. (G.A.) contended no legal marriage existed and parental custody was not illegal. Court held petitioner not the wedded husband and not entitled to custody; petition dismissed. No statute or precedent cited; no monetary quantum involved.

What did the court decide?

Since the detenue is living with her parents and the petitioner is not her wedded husband, the petitioner cannot be said to be entitled to her custody. ¶12

Rubi Devi Thru. Her Husband Mukesh Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:8276

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Court No. - 14

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Case :- HABEAS CORPUS WRIT PETITION No. - 44 of 2025

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Petitioner :- Rubi Devi Thru. Her Husband Mukesh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sagar Singh,Shri Ram Maurya 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 directing the opposite parties to produce the detenue before this Court.

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II. issue any other order or direction deemed just and proper under the circumstances of this case"

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It is submitted by learned counsel for the petitioner that detenue Rubi Devi was in affair with the petitioner Mukesh and she being major entered into marriage in temple, later on she was taken away by her parents and living with them. Though she is willing to go with the petitioner, therefore, request to direct the respondents to produce the detenue before this Court and then hand over the custody of detenue in favour of the petitioner.

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Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, there is no any legal marriage between the petitioner and detenue Rubi Devi. Since she was not legally wedded wife of the petitioner, therefore, she being in custody of her parents cannot be said to be illegal custody, as a result this petition is liable to be dismissed.

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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., perusal of record and fact that the detenue is living with her parents and petitioner is not her wedded husband, therefore, he cannot be said to be entitled for her custody. As a result this petition is liable to be dismissed.

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Accordingly, the present petition is dismissed .

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Order Date :- 10.2.2025 Anurag Singh

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

Rubi Devi Thru. Her Husband Mukesh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Rubi Devi Thru. Her Husband Mukesh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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