SHAMA PARVEEN THRU. HER HUSBAND IRFAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
HABC/48/2025 · 2025-03-27
Rajnish Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 123951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123951 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17579 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 48 of 2025 Petitioner :- Shama Parveen Thru. Her Husband Irfan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Mohd. Haroon Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Sri Abhishek
Kumar,Advocate
and
Sri Amit Bhardwaj,Advocate filed vakalatnama on behalf of the respondent no.4, which is taken on record. In deference to the order dated 17.02.2025, the deponent Irfan and the alleged detenue Shama Parveen are present in person. This Court had passed the following order on 17.02.2025:-
1. Heard learned counsel for the petitioner and learned AGA for the State. 2. The present petitioner has been filed with the following prayer:
"a. Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties for producing the detenue/petitioner before this Hon'ble Court and after recording the statement of the detenue/petitioner she may set free to go her own will and accord. b. Issue any other writ, Order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. c. Award the cost of the Petition in favor of the petitioner."
3. Learned counsel for the petitioner has submitted that the marriage of detenue was solemnized with deponent of the present case and when she went to the house of her parents, she was detained and she is not allowed to meet her husband/deponent. 4. List this case on 27.03.2025. 5. Issue notice to the private respondent returnable at an early date. 6. On the next date, SHO, PS- Kotwali Sadar, District- Lakhimpur Kheri is directed to ensure the presence of detenue before this Court. 7. Deponent is also directed to deposit Rs.20,000/- before the Senior Registrar of this Court within a period of three weeks from today. The alleged detenue on a query being put submits that she is residing happily with her father as she do no want to reside with her husband Irfan at his in-laws house because her husband and her mother-in-law used to beat her and father-in-law abuse. However, she submits that in case her husband comes and resides at Lakhimpur Kheri independently, then she is ready to reside with him. On a query being put for sending the matter to the Mediation Centre, she declined.
In view of above, it cannot be said that the alleged detenue Shama Parveen is in unlawful detention as she is residing on his own Will with her father. Therefore this petition is misconceived and lacks merit. Dismissed. The deponent Irfan shall comply the order dated 17.02.2025 and deposit Rs.20,000/- before the Senior Registrar of this Court within a period of one week from today, failing which the same shall be recovered from him as arrears of land revenue by Senior Registrar of this Court. On deposit of the said amount, the same shall be released in favour of the alleged detenue Shama Parveen in accordance with law. Order Date :- 27.3.2025/Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench