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2025 DAILYLAW 114208 (ALL)

ANTIMA TIWARI THRU. HIS HUSBAND RAMRAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 5 OTHERS

HABC/2/2025 · 2025-01-29

Subhash Chandra Sharma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5918 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 2 of 2025 Petitioner :- Antima Tiwari Thru. His Husband Ramraj Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. The detenue Antima Tiwari is present before this Court with her maternal uncle who is escorted by S.I. Sri Arun Kumar. She has stated before this Court that she is not ready to live with the petitioner as she is living happily with her father and maternal uncle. She is not ready to go with her husband. Since the petitioner is living with her father and maternal uncle and not ready to go with the petitioner, therefore, she cannot be said to be living in illegal custody as being no any legal marriage between the petitioner and detenue. Accordingly, this petition is dismissed. Order Date :- 29.1.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench