Neutral Citation No. - 2025:AHC-LKO:6175 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 38 of 2025 Petitioner :- Neha Fatima Thru. Her Next Friend And Husband Ankit Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Vijay Shyam,Ajay Rajput,Maya Ram Yadav Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present petition has been filed for the following relief: "I. issue a writ, order or direction in the nature of Habeas Corpus to directing the opposite party nos. 4 and 5 to produce the detenue Neha Fatima before this Court and after taking her statement set free the detenue at her liberty." It is submitted by learned counsel for the petitioner that detenue Neha Fatima was in affair with the petitioner Ankit Kumar and she being major entered into marriage regarding which notary affidavit was sworn, later on she was taken away by her parents and living with them. Though she is willing to go with the petitioner, therefore, request to direct the respondent no. 4 and 5 to produce the detenue before this Court and then hand over the custody of detenue in favour of the petitioner. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, there is no any legal marriage between the petitioner and detenue Neha Fatima. Notary affidavit cannot be said to be valid proof of marriage. Since she was not legally wedded wife of the petitioner, therefore, she being in custody of her parents cannot be said to be illegal custody, as a result this petition is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., perusal of record and fact that the detenue is living with her parents and petitioner is not her wedded husband, therefore, he cannot be said to be entitled for her custody. As a result this petition is liable to be dismissed. Accordingly, the present petition is dismissed. Order Date :- 30.1.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench