Neutral Citation No. - 2025:AHC-LKO:5382 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 31 of 2025 Petitioner :- Chhaya Devi Thru. Her Friend (Future Husband) Chandan Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 4 Others Counsel for Petitioner :- Ram Milan 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 commanding the opposite parties to produce the detenue/corpus (petitioner) namely, Chhaya Devi before this Court in the interest of justice." It is submitted by learned counsel for the petitioner that detenue Chhaya Devi is married with respondent no. 5 Parashu Ram but she is not happy with him. She filed divorce petition against him before the Family Court. She was in love affair with the petitioner and he kept her as next friend and future husband. Now she is living with the respondent no. 5 Parashu Ram against her will, therefore, request to direct the opposite parties/respondents 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, detenue Chhaya Devi is legally wedded wife of respondent no. 5 Parashu Ram who is natural guardian. Unless there is decree of divorce between both of them. She cannot be handed over in the custody of the petitioner. Since there is no any marriage between him and detenue except alleged affair. 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 wedded wife of respondent no. 5 Parashu Ram though the petition for divorce is pending before the learned Principal Judge, Family Court, Barabanki but till now decree of divorce has not been passed, as a result respondent no. 5 is her natural guardian and petitioner 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 :- 28.1.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench