Neutral Citation No. - 2025:AHC:59114 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 965 of 2024 Petitioner :- Smt Saloni And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Balbir Singh Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for petitioner no.2, learned A.G.A. for the State, and perused the record. 2. The present petition has been filed seeking custody of the corpus, petitioner no.1, who is alleged to have entered into marriage with petitioner no.2. 3. Upon due consideration of the material on record, it is observed that the corpus, petitioner no.1, was a minor at the time of the alleged marriage. As per the records of the Child Welfare Committee, her date of birth has been recorded as 01.01.2008, which establishes that she was approximately 15 years of age at the relevant time. 4. In view of the above, the purported marriage is legally untenable under the provisions of the Prohibition of Child Marriage Act, 2006. Consequently, no relief can be granted to petitioner no.2 under a writ of habeas corpus for custody of a minor in contravention of statutory law. 5. Accordingly, the writ petition is devoid of merit and is hereby dismissed. 6. Moreover, it appears that the petition has been instituted on misconceived and misleading premises, amounting to a misuse of the extraordinary writ jurisdiction of this Court. In the interest of justice, a cost of Rs. 50,000/- is imposed upon petitioner no.2. 7. The District Magistrate, Badaun, is directed to recover the said amount from petitioner no.2 and ensure that it is handed over to petitioner no.1, through her lawful guardian, for her welfare. Order Date :- 21.4.2025 Saurabh Justice Vinod Diwakar Digitally signed by :- SAURABH High Court of Judicature at Allahabad