Khushbu Devi Thru. Abhishek Singh Vs State… — Child Custody and Guardianship | Allahabad HC (2025)

Khushbu Devi Thru. Abhishek Singh Vs State… — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of; no coercive relief required as the Court found the major detenue was not in unlawful custody. Ancillary directions: (i) the sealed-cover papers produced by the learned A.G.A. to be handed back to him for transmission to the concerned S.H.O. (¶14); (ii) the police personnel who brought the detenue and her mother to drop them safely at the place from which they were brought (¶15).

Issue for consideration

Whether the alleged detenue Khushbu (Khushboo) Devi is in unlawful custody warranting habeas corpus relief, given her stated voluntary marriage to Abhishek Singh on 03.03.2025 and her residence with her mother of her own free will.

Court's answer

Since the alleged detenue is major in age, has married Abhishek Singh on her own free will, and is currently residing with her mother of her own free will, she cannot be said to be in unlawful custody.

Ratio / Principle

Consequently, the habeas corpus writ petition is disposed of.

Detailed headnote1 paragraphs

HABEAS CORPUS WRIT PETITION No. 82 of 2025 (Neutral Citation 2025:AHC-LKO:16774), High Court of Judicature at Allahabad, Lucknow Bench (Court No. 11), Rajnish Kumar, J., order dated 24.3.2025. Petition concerning alleged detenue Khushbu Devi filed through her next friend/husband Abhishek Singh; respondents include the State of U.P. and respondent no.4 Leelawati Devi, the detenue's mother. In pursuance of the Court's order dated 20.03.2025, the detenue and her mother appeared in person and were identified by the learned A.G.A. and the next friend; the detenue was brought by S.H.O. Pravatesh Srivastava and lady Sub-Inspector Savitri Singh. The detenue, stating she is major, affirmed that she married Abhishek Singh on 03.03.2025 of her own free will and is living with her mother voluntarily, intending to join her husband after a family function on 07.06.2025; petitioner's counsel raised no objection. The Court held that, being a major who married and resided of her own free will, she could not be said to be in unlawful custody, and disposed of the petition. The previously sealed papers were returned to the A.G.A. for transmission to the concerned S.H.O., and the police were directed to drop the detenue and her mother safely wherefrom they were brought.

Neutral Citation No. - 2025:AHC-LKO:16774

Court No. - 11

Case :- HABEAS CORPUS WRIT PETITION No. - 82 of 2025

Petitioner :- Khushbu Devi Thru. Abhishek Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Counsel for Petitioner :- Rahul Kumar Singh,Manoj Kumar Verma

Counsel for Respondent :- G.A.

Hon'ble Rajnish Kumar,J.

In deference to the order dated 20.03.2025, the alleged detenue, Khushboo Devi and respondent no.4 Leelawati Devi i.e. the mother of Khushboo Devi are present-in-person before this Court, who have been identified by learned A.G.A. as well as the next friend of the alleged detenue Abhishek Singh.

In deference to the aforesaid order, S.H.O. Shri Pravatesh Srivastava, and lady Sub-Inspector Ms. Savitri Singh, who brought the alleged detenue, are also present.

The alleged detenue Khushbu Devi states that she has married to Abhishek Singh on 03.03.2025 and currently she is living with her mother with her free will as his father works out of India. She is happy with her mother and intends to go with her husband, Abhishek Singh, after a function which has been arranged by her mother on 07.06.2025.

The respondent no.4, Mrs. Leelawati Devi, wife of Jay Singh, also states that her daughter is living with her happily and she will send her daughter, Khushbu Devi, with Abhishek Singh after a function before her family members on 07.06.2025.

Learned counsel for the petitioner, on the basis of instructions from the next friend Abhishek Singh, who is present-in-person, submits that he has no objection on the decision taken by the respondent no.4 and Ms. Khushbu Devi.

In view of above, since the alleged detenue is major in age and she has married on her own free will with Abhishek Singh and currently residing with her mother of her own free will, it can not be said that she is in unlawful custody. Thus, this petition is disposed of .

The papers produced by learned A.G.A. on the last date, which were kept in a sealed cover, have been opened. The same shall be handed over back to the learned A.G.A. to further transmit to the concerned S.H.O.

The Police personnel, who have brought the detenue and her mother, shall drop them at the place from where they have been brought, safely.

...................................................................(Rajnish Kumar, J.) Order Date :- 24.3.2025 Haseen U.

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