Disposed

Smt. Anjali Arya @ Humaira Khatoon Thru. Friend/Husband Suraj Sahni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Allahabad HC4 Apr 2025HABC/99/2025

Case brief

AI extract

What is this about?

Neutral Citation 2025:AHC-LKO:18826; HABEAS CORPUS WRIT PETITION No. 99 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 11), order dated 04.04.2025 by Hon'ble Rajnish Kumar, J.; petitioner/detenue Smt. Anjali Arya @ Humaira Khatoon through friend/husband Suraj Sahni; counsel Abhinav Kumar Pandey and Vivek Tiwari for petitioner, G.A. for State; adult detenue married after c

What did the court decide?

The detenue, being a major who married of her own will, was declared free to go and live as per her wish; respondent no.3 (father) undertook to hand over her educational certificates and other documen

Smt. Anjali Arya @ Humaira Khatoon Thru… — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:18826

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Court No. - 11

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Case :- HABEAS CORPUS WRIT PETITION No. - 99 of 2025

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Petitioner :- Smt. Anjali Arya @ Humaira Khatoon Thru. Friend/Husband Suraj Sahni Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Abhinav Kumar Pandey,Vivek Tiwari Counsel for Respondent :- G.A.

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Hon'ble Rajnish Kumar,J.

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This court had passed the following order on 26.03.2025:-

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"Sri Vivek Tiwari, learned counsel for the petitioner submits that the detenue had married to the deponent on 18.03.2020 after conversion on 17.03.2020. Thereafter the deponent and the detenue were living happily. However, the detenue was taken away by his father on 23.12.2023. Thereafter a petition bearing Regular Case No.1111 of 2024 under Section 9 of the Hindu Marriage Act, 1955 was filed by the detenue. In the said case, the deponent had appeared and a compromise was entered into between the parties and on the basis of compromise, the suit was decreed by means of the order dated 13.07.2024 and the detenue again started living with the deponent. However, on 25.02.2025 when the detenue was with the deponent at their house, a phone call came from Chowki Badali Kheda,Police Station Sarojini Nagar, Lucknow to the detenue to come to Chowki to meet respondent no.3 therefore the petitioner and the detenue went to the Police Chowki, from where the detenue went with her father after giving in writing that she will come back after two days but till date, she has not come as the respondent no.3 is not allowing her to go back. Learned AGA, on the basis of instructions, does not dispute the aforesaid submissions. However, he submits that the detenue is residing with the respondent no.3 i.e. her father.

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In view of above, let the detenue be produced by the respondent no.3 before this Court on 04.04.2025.

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The respondent no.3 shall be informed by the concerned SHO which shall be intimated by the learned AGA to the concerned SHO forthwith. The concerned SHO shall ensure presence of the detenue before this Court on the next date fixed."

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In deference to the aforesaid order the detenue-Smt. Anjali Arya @ Humaira Khatoon is present alongwith his father Shri Abrar Ahmad/respondent no.3, who has been brought by Shri Shiv Raj Singh, Sub Inspector and lady Constable Ms.Jyoti, Police Station-Sarojini Nagar, District-Lucknow. The deponent i.e. the husband of the detenue Shri Suraj Sahani is also present. The detenue has been identified by the police personnel, who have brought them and the next friend, who has been identified by learned counsel for the petitioner.

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On a query being put the detenue-Smt.Anjali Arya @ Humaira

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Khatoon, specifically stated that she is aged about 25 years and she has married to Shri Suraj Sahani on her own with her sweet will and volition. The marriage was solemnized on 18.03.2020 after conversion on 17.03.2020. Thereafter she was living happily with her husband. However now his father is keeping her with him and not allowing to go with her husband, whereas she wants to go and live with her husband. In regard to the proof of age she submits that all the educational certificates including the High School certificate etc. are with her father, which are not being handed over to her, therefore, he may be directed to hand over the same to her.

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The respondent no.3 i.e. the father of the detenue, who is also present in person, on a query being put admits that the detenue is aged about 25 years and also that all the educational certificates of the detenue are with him. He further submits that the detenue has married on her own without his consent. However he undertakes that all the educational certificates of the detenue-Smt. Anjali Arya @ Humaira Khatoon including other documents, if any, shall be handed over by him to her today itself. However he submits that since he does not want to continue relations with his daughter, therefore, he will hand over all the documents to the detenue at the Police StationSarojani Nagar, Lucknow before S.H.O. between 3 to 4 p.m. today.

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In view of above, since the detenue is major in age and has married to Suraj Sahani on her own with her sweet will and volition, therefore, she is free to go and live as per her wish and sweet will.

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With the aforesaid the petition is disposed of .

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...................................... .(Rajnish Kumar,J.) Order Date :- 4.4.2025 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Anjali Arya @ Humaira Khatoon Thru. Friend/Husband Suraj Sahni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

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Smt. Anjali Arya @ Humaira Khatoon Thru. Friend/Husband Suraj Sahni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

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