RITU YADAV THRU. HUSBAND HARSHIT KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. AND 4 OTHERS
HABC/6/2025 · 2025-05-02
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114538 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114538 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25548 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 6 of 2025 Petitioner :- Ritu Yadav Thru. Husband Harshit Kumar Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. And 4 Others Counsel for Petitioner :- Ambika Prasad Mishra,Ravi Singh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Vakalatnama filed by Shri Mohd. Chand Khan, Advocate on behalf of the respondent no. 4 is taken on record. In deference to the order dated 25.04.2025, the alleged detenue-Ritu Yadav and the respondent no. 4-Harinath Yadav are present-in-person. The detenue and respondent no. 4 have been produced by Sub-Inspector Ms. Seema Yadav, Police Station Sahadatganj, District Lucknow, who has identified the alleged detenue and the respondent no. 4. However, learned counsel for the petitioner is not present. The detenue on a query put told her name and age and states that she is studying in B.Com second year. She further states that she has not married to the deponent-Harshit Kumar with her sweet will and volition. She was taken by him on the pretext of getting an employment for her in H.D.F.C. Bank and forcibly got the marriage solemnized in the Arya Samaj Mandir on 28.11.2024 despite her denial and all efforts not to marry. She further states that she was threatened that if she did not marry, she would be sold to someone. She further states that she was also called in the Sub-Registrar office for registration of marriage on 29.11.2024 by the deponent threatening her, where her thumb impression was taken. She further states that she is living with her father and mother with her sweet will and volition and she is happy with her parents. She also states that she does not want to live with the deponent-Harshit Kumar, who has threatened him and got the marriage solemnized forcibly. She also states that since the deponent had kept her forcibly for four days, therefore, she has lodged an F.I.R. against him. In view of above, it is apparent that the detenue is major in age, who is studying in B.Com second year and she cannot be said to be in unlawful custody as she is residing with her parents with her sweet will and volition. Thus, this Habeas Corpus petition has been filed on misconceived and baseless grounds. Dismissed accordingly.
Order Date :- 2.5.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench