Smt. Neha Thru. Her Husband Alok Yadav vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

Smt. Neha Thru. Her Husband Alok Yadav vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the detenue to join the company of her own choice; deponent directed to deposit Rs.2,00,000/- in the name of the detenue as F.D., with affidavit of compliance to be filed when the case is listed on 10.3.2026; officer present need not appear until further order.

Issue for consideration

Whether a writ, order or direction in the nature of Habeas Corpus should be issued directing opposite party no.6 to produce the petitioner (detenue) before the Court and allow her to go with the deponent, i.e., her husband. +1 more

Court's answer

In view of the detenue's categorical statement that she had married the deponent of her own choice on 6.10.2025, is a major, and is living with respondent no.6 against her wishes while wanting to join her husband Alok Yadav, the Court disposed of the present petition with the liberty to the detenue to join the company of her own choice.

Ratio / Principle

As part of the disposition, the Court required the deponent to deposit Rs.2,00,000/- in the name of the detenue as F.D. and listed the case for 10.3.2026 for filing his affidavit of compliance stating that the amount has been deposited in the name of the detenue.

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 14 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 14, decided 17.02.2026 by Hon'ble Rajeev Singh, J. Petitioner Smt. Neha, through her husband Alok Yadav, sought a writ in the nature of Habeas Corpus directing opposite party no.6 to produce her before the Court so she could join the deponent (her husband). Pursuant to an interim order dated 16.01.2026 (which directed the SHO, Police Station Dhanari, District Sambhal to produce the detenue on 10.02.2026 and required the deponent to deposit Rs. 25,000/- before the Senior Registrar), the detenue was produced before the Court. She categorically stated that she had married the deponent of her own choice on 06.10.2025, that she is a major, that she was living with respondent no.6 against her wishes, and that she wished to join her husband. The Court accordingly disposed of the petition with liberty to the detenue to join the company of her own choice, subject to the deponent depositing Rs.2,00,000/- in the detenue's name as F.D., with an affidavit of compliance to be filed on 10.03.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

HABEAS CORPUS WRIT PETITION No. - 14 of 2026

Smt. Neha Thru. Her Husband Alok Yadav

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others

.....Respondent(s)

Counsel for Petitioner(s) : Shyam Lal, Vinod Kumar Counsel for Respondent(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The present petition is filed with the prayer to issue a writ, order or direction in the nature of Habeas Corpus may be issued directing the opposite party no.6 to produce the petitioner before this Hon'ble Court and he may be pleased to allow to go with the deponent, i.e., husband of the petitioner.

On 16.1.2026, following order was passed :-

1. Heard.

2. This petition has been filed with the following prayer:-

"(i) To issue a writ, order or direction in the nature of Habeas Corpus directing the opposite Party no. 6 to produce the petitioner before this Hon'ble Court and he may be pleased to allowed to go with the deponent i.e. husband of the petitioner."

3. Learned counsel for the petitioner submits that the detenue and the deponent entered into marriage on their own choice as they are the adult, thereafter, the detenue went to the house of her father, but now, she is not being allowed to join the company of the deponent, hence, indulgence of this Court is required.

4. Learned A.G.A. has placed written instructions dated 08.01.2026 duly signed by Mr. D.P. Singh, Sub Inspector, P.S.- Fatehpur, Unnao, which are

HABC No. 14 of 2026

2

taken on record.

5. Learned A.G.A., on the basis of aforesaid instructions, submits that the detenue was produced before the S.D.M. concerned, where she expressed her desire to go to the house of her parents.

6. List this case on 10.02.2026.

7. Station House Officer, Police Station- Dhanari, District- Sambhal is directed to ensure the presence of the detenue before this Court on the next date. He shall also inform the respondent no.6 about the next listing of this case.

8. The deponent is directed to deposit amount of Rs. 25,000/- before Senior Registrar of this Court within ten days from today.

In pursuance of aforesaid order, detenue is present alongwith Mr. Devendra Vikram Singh, Sub Inspector and Ms. Neeraj, Lady Constable, Police Station Dhanari, District Sambhal are present.

The detenue, Smt. Neha (Adhaar Card No.200915011876) has categorically stated before this Court that on her choice, she entered into marriage with the deponent on 6.10.2025 and presently, she is living with the respondent no.6 against her wishes. She also stated that she is major and wants to join the company of her husband - Alok Yadav s/o Atar Singh r/o Village Khaira Gada, Post Raje Pur, Police Station Fatehpur Chaurasi, District Unnao (Adhaar Card No.734036101914).

The deponent also stated before this Court that he is ready to deposit Rs.2,00,000/- in the name of the detenue as F.D.

In view of the above, present petition is hereby disposed of with the liberty to the detenue to join the company of her own choice.

List this case on 10.3.2026 for filing affidavit of compliance by the deponent stating therein that amount of Rs.2,00,000/- has been deposited in the name of the detenue.

Officer present today, need not to appear until further order.

(Rajeev Singh,J.)

February 17, 2026 GauraV/-

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