Chandani Thru. Her Next Friend /Husband Sanjay Kumar vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Heard learned counsel for the petitioner, learned AGA for the State of U.P. as also Sri Gaurav Shukla, learned Counsel for the side opposite, and perused the record.

¶13

The present petition has been filed for the following main reliefs:-

¶14

"a. Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party no.2 to produce the corpus/detenue/petitioner before this Hon'ble Court from illegal private custody of opposite party no.3."

¶15

On 13.01.2026, this Court has passed the following orders:-

¶16

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

¶17

Learned counsel for the petitioner submits that marriage of the deponent was solemnized with the detenue on 9.12.2023 in accordance with the hindu rituals, thereafter, she went to her parent's house but now they are not allowing her to join the company of her husband (deponent), therefore, indulgence of this Court is necessary.

¶18

Learned A.G.A. placed written instructions duly signed by Mr. Ashutosh Kumar, S.I., Police Station - Motipur, District - Bahraich, dated 12.1.2026 (is taken on record), which categorically reveals that marriage of the detenue was solemnized with the deponent on 9.12.2023 but due to some dispute in between them, detenue came to her parents house and is residing there on her own free will.

¶19

Considering the submissions of learned counsel for the parties, going through the contents of the petition as well as instructions placed by learned A.G.A., matter requires consideration.

¶20

Issue notice to the private respondents.

¶21

List this case on 10.2.2026.

¶22

The S.H.O., Police Station Motipur, District - Bahraich is directed to ensure the presence of detenue as well as respondent no.3, before this Court.

¶23

The deponent is further directed to deposit the amount of Rs.20,000/- before the Senior Registrar of this Court within ten days. "

¶24

HABC No. 6 of 2026

¶25

2

¶26

Today when the case was called out, learned Counsel for the petitioner says that amount in terms of order dated 13.01.2026 has not been deposited and the deponent is not present before this court.

¶27

The detenue/Smt. Chandani, who has been identified by Sri Gaurav Shukla, learned Advocate, for whose custody the present petition has been filed by Sanjay Kumar, also made a statement before this Court. According to the statement of Smt. Chandani/detenue, she does not want to live with Sanjay and she is living with her parents on her own volition.

¶28

It is to be noted that Smt. Chandani/detenue has been brought by Sub Inspector Police Station-Motipur, District-Bahraich, before this Court.

¶29

Taking note of the facts of the case as also the aforesaid which includes the statement of detenue/Smt. Chandani, this Court is of the view that the present petition is liable to be dismissed with cost.

¶30

Accordingly, it is dismissed with cost of Rs. 21,000/-, which shall be deposited by Sanjay Kumar, (deponent in the petition) in this Court within 15 days from today and on depositing the same, shall be provided to alleged detenue/Smt. Chandani as per Rules. In case, the cost of aforesaid i.e. Rs. 21,000/- is not deposited by Sanjay Kumar within the time specified by this Court, the same shall be recovered as an arrear of land revenue and thereafter the same shall be provided to alleged detenue/Smt. Chandani.

¶31

February 10, 2026 Jyoti/-

¶32

(Saurabh Lavania,J.)

¶33

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

Chandani Thru. Her Next Friend /Husband Sanjay Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

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Chandani Thru. Her Next Friend /Husband Sanjay Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

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