Allowed¶6

Maina and Another v. State of U.P. and 5 Others

Allahabad HC5 Mar 2025HABC/89/2025

Case brief

AI extract

What is this about?

Habeas corpus writ petition (No. 89 of 2025, Allahabad High Court, decided 5.3.2025) concerning alleged illegal detention of an adult married woman (corpus Maina) by respondent nos. 4 to 6; corpus produced in Court, majority established via PAN Card (DOB 01.01.2003); corpus expressed wish to live with husband petitioner no.2 Arun Kumar; custody held illegal; police personnel (SI Amit Chaudhary, Constable Anjali Atri) directed to release corpus to husband; Demand Draft Rs. 25,000/- given to corpus; Neutral Citation 2025:AHC:31761.

What did the court decide?

Sub-Inspector Amit Chaudhary and Constable Anjali Atri directed to hand over the custody of the corpus to petitioner no.2 (her husband) forthwith. ¶6

Maina and Another vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:31761

¶2

Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 89 of 2025

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Petitioner :- Maina And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Bhushan Prasad Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Chandra Bhushan Prasad, learned counsel for petitioners and Sri Anirudh Singh, learned counsel for respondent no.4 as well as learned AGA.

¶7

Vide order dated 06.02.2025, petitioner no.1, Maina (corpus) was summoned in the Court as it was alleged by petitioner no.2 that corpus is his wife and she has been illegally detained by respondent nos.4 to 6. In compliance of the said order, petitioner no.1 (corpus) is present in person before this Court alongwith respondent no.4 and no objection with regard to her identity has been raised by anyone. Demand Draft of Rs.25,000/- has also been handed over to the corpus today by learned counsel for petitioners.

¶8

So far as age of corpus is concerned, a copy of PAN Card of corpus has also been placed on record, wherein the date of birth of corpus has been shown as 01.01.2003 by which she appears to be major. Moreover no objection pertaining to the majority of the detenue has been raised by anyone.

¶9

On being queried today, corpus stated that she has already married with petitioner no.2, namely, Arun Kumar and wants to lead her life with her husband/petitioner no.2.

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The above interaction with the corpus reveals that she wants to go with her husband/petitioner no.2 and as such, custody maintained by respondent nos.4 to 6, is determined as illegal.

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In view of the statement made by petitioner no.1 (corpus), the instant petition is allowed . Sub-Inspector Amit Chaudhary and Constable Anjali Atri are hereby directed to hand over the custody of corpus to the petitioner no.2/her husband forthwith.

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Order Date :- 5.3.2025/Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Maina and Another v. State of U.P. and 5 Others

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Maina and Another v. State of U.P. and 5 Others

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