Dismissed

Smt. Sonam Yadav Thru. Her Husband Madhuraj Gautam v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC27 Jan 2025HABC/75/2024

Case brief

AI extract

What is this about?

Habeas corpus writ petition, Lucknow Bench, Allahabad High Court, dismissed 27.1.2025 (2025:AHC-LKO:5263). Husband sought production and release of wife (detenue) allegedly detained by father-in-law; detenue stated before Court she lived with parents voluntarily without pressure and alleged marriage registered against her will on 16.09.2023. Court held she cannot be directed to go with petitioner

What the court decided

AI extract

Smt. Sonam Yadav Thru. Her Husband Madhuraj Gautam 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:5263

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Court No. - 14

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Case :- HABEAS CORPUS WRIT PETITION No. - 75 of 2024

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Petitioner :- Smt. Sonam Yadav Thru. Her Husband Madhuraj Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Petitioner :- Ankit Kumar Counsel for Respondent :- G.A.,Sudhir Kumar Ra

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Hon'ble Subhash Chandra Sharma,J.

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Detenue Smt. Sonam Yadav is present before the Court.

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The present writ petition has been filed by the petitioner with following relief:

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(i) Issue a writ, order or direction in the nature Habeas Corpus commanding and directing the opposite parties particularly opposite party no. 4 to produce the detenue, before this Hon'ble Court for recording her statement and set her free to live as per her own free will.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 4 not to interfere in the peaceful living of the detenue with her husband Sri Madhuraj Gautam.

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(iii) Issue any other suitable order or direction, which this Hon'ble High Court may deems just, fit and proper under the facts and circumstances of the case.

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(iv) Allow the writ petition with cost.

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It is submitted by learned counsel for the petitioner that she is his wedded wife and now has been kept under compulsion by his father-in-law. Marriage was got registered with Marriage Registration Officer on 16.09.2023, a copy of registration certificate has been annexed.

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The detenue stated that she is not willing to go with the petitioner but is living with her parents voluntarily without any pressure or compulsion and also states that the petitioner enticed her away and got the marriage registered against her will.

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On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and the statement of the detenue, since she is not ready to go with

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him but living with her parents willingly without any pressure or compulsion, therefore, she can not be directed to go with the petitioner against her will.

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Accordingly, this writ petition having no force is, hereby, dismissed .

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However, the petitioner may seek alternate remedy, if available before appropriate forum.

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Order Date :- 27.1.2025 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sonam Yadav Thru. Her Husband Madhuraj Gautam v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What the court decided

Smt. Sonam Yadav Thru. Her Husband Madhuraj Gautam v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What the court decided

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