Smt. Madhuri Thru. Her Husband and Next Friend Dileep Kumar @ Dileep vs State of U.P. Thru. Prin. Secy. Home Lko and 4 Others — Allahabad HC (2026) — LawSathi Research

Smt. Madhuri Thru. Her Husband and Next Friend Dileep Kumar @ Dileep vs State of U.P. Thru. Prin. Secy. Home Lko and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim direction: opposite party No.3 (Station House Officer, Police Station Sakran, District Sitapur) to produce the detenue Smt. Madhuri before the Court from the custody of opposite party No.4 on 02.06.2026; petition listed for 02.06.2026.

Issue for consideration

Whether the detenue, Smt. Madhuri, is in the detention/custody of her brother Brijesh Kumar (opposite party No.4) such that she must be produced before the Court pursuant to the writ of habeas corpus sought. +1 more

Court's answer

Keeping in view the aforesaid facts, including the conflicting submissions on the detenue's age, the Court found it necessary to order production of the detenue before it.

Ratio / Principle

Opposite party No.3, the Station House Officer, Police Station Sakran, District Sitapur, was directed to produce the detenue Smt. Madhuri before the Court from the custody of opposite party No.4 on 02.06.2026.

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 195 of 2026 (running head: HABC No. 195 of 2026), High Court of Judicature at Allahabad, Lucknow Bench, Court No. 14 — order dated May 29, 2026 by Hon'ble Subhash Vidyarthi, J. Smt. Madhuri, stated to be aged about 19 years, filed a habeas corpus petition through her husband and next friend Dileep Kumar @ Dileep alleging detention by her brother Brijesh Kumar (opposite party No.4). An FIR, Case Crime No.85 of 2026 under Sections 137(2) and 87 of BNS, Police Station Sakran, District Sitapur, had been lodged (para 13 attributes it to opposite party No.2, while the quashing petition is described as against an FIR lodged by opposite party No.4); the detenue and her husband had jointly filed Crl. Misc. Writ Petition No.2911 of 2026 seeking its quashing, pleading she is an adult who married out of her own free will after organizing the marriage in a temple. Counsel for opposite party No.4 submitted the detenue is aged 14 years and the marriage solemnized during her minority is null and void; petitioner's counsel relied on an ossification test conducted during investigation opining her age as 19 years. Finding production necessary, the Court directed opposite party No.3, the Station House Officer, P.S. Sakran, to produce the detenue from the custody of opposite party No.4 on 02.06.2026 and listed the petition for that date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

HABEAS CORPUS WRIT PETITION No. - 195 of 2026

Smt. Madhuri Thru. Her Husband And Next Friend Dileep Kumar @ Dileep

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Virendra Prasad
Counsel for Respondent(s)	: G.A.

Court No. - 14

HON'BLE SUBHASH VIDYARTHI, J.

Heard Shri Virendra Prasad, the learned counsel for the petitioner, Shri G.D. Bhatt, the learned AGA-I and Shri Pradeep Kumar Mishra, Advocate who has filed his vakalatnama on behalf of the opposite party No.4, which is taken on record.

The instant writ petition has been filed seeking issuance of a Writ of Habeas Corpus filed on behalf of Smt. Madhuri aged about 19 years through her husband and next friend Dileep Kumar @ Dileep stating that Smt. Madhuri has been detained by her brother- Brijesh Kumar (the opposite party No.4).

It has been stated in the petition that the date of birth of the detenue is 01.01.2007, she is major and she has organized marriage with Dileep Kumar in a temple. The opposite party No.2 has lodged an FIR bearing Case Crime No.85 of 2026 under Section 137(2), 87 of BNS, Police Station- Sakran, District- Sitapur. The detenue herself has jointly filed a Crl. Misc. Writ Petition No.2911 of 2026 along with her husband Dileep Kumar seeking quashing of FIR No.85 of 2026 lodged by the opposite party No.4 wherein she has pleaded that the FIR has been lodged on false allegation, she is an adult and she has married Dileep Kumar out of her own free will. Smt. Madhuri pleaded that her brother (the opposite party No.4) is not happy with her marriage and, therefore, she has lodged the FIR on the basis of false allegations.

The learned counsel for the opposite party No.4 has submitted that the

HABC No. 195 of 2026

2

detenue is aged 14 years and the marriage has been solemnized during her minority, which is null and void.

In reply to this submission, the learned counsel for the petitioner has submitted during investigation conducted in furtherance of the FIR lodged by the opposite party No.4, ossification test of the petitioner was carried out as per which her age was opined to be 19 years.

Keeping in view the aforesaid facts, it appears necessary to order production of the detenue before this Court.

Accordingly, the opposite party No.3-Station House Officer, Police Station- Sakran, District- Sitapur is directed to produce the detenue Smt. Madhuri before this Court from the custody of the opposite party No.4 on 02.06.2026.

List this petition on 02.06.2026 .

May 29, 2026 -Amit K-

(Subhash Vidyarthi,J.)

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