Neutral Citation No. - 2025:AHC-LKO:14727 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 61 of 2025 Petitioner :- Sonam Chauhan Thru. Her Husband Ravi Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Tiwari,Amaresh Kumar Counsel for Respondent :- G.A.,Ghanshyam Tripathi Hon'ble Rajeev Singh,J. 1. Short counter affidavit filed by the learned counsel for the private respondent is taken on record. 2. In pursuance of earlier order, detenue is present along with S.I. Archana Singh, PS- Shushant Golf City, District- Lucknow. 3. Heard learned counsel for the petitioner, learned counsel for the private respondent and learned AGA for the State. 4. The present petitioner has been filed with the following prayer: "(i.) Issue a writ order or direction in the nature of Habeas Corpus directing the opposite party no 2 and 3 to produce the corpus of the detenue petitioner before this Hon'ble Court from illegal private custody of opposite party no 4 and allow to her to go with deponent. (ii.) Issue any other writ order or direction which this Hon'ble court may deem, fit, just and proper under the circumstances of the case also be passed in favor of petitioner. (iii.) Award the cost of the petition in favor of the petitioner." 5. Learned counsel for the private respondent has submitted that the deponent of the present case was victimizing the detenue and under threat, she was forced to go to Arya Samaj Temple for solemnizing marriage, thereafter, the alleged marriage was registered. He has further submitted that petition under Section 12 of Hindu Marriage Act was filed before the Principal Judge, Family Court in the month of May, 2024 and when this fact came into the notice of deponent of present case, he filed present petition. He has next submitted that on 28.02.2025, on the request of learned counsel for the petitioner, order was passed for production of detenue before this Court with the condition that deponent shall deposit Rs.25,000/- before the Senior Registrar of this Court within a period of one week but the alleged amount of Rs.25,000/- has not been deposited by the deponent, therefore, same may be recovered as land revenue. 6. Learned counsel for the petitioner has submitted that deponent was unable to arrange the amount of Rs.25,000/-, therefore, the order dated 28.02.2025 could not be complied with. 7. Considering the submission of learned counsel for the parties, going through the contents of petition, contents of short counter affidavit as well as other relevant documents, it is evident that the detenue is residing with the private respondent on her own choice. In such circumstances, the present petition is misconceived and liable to be dismissed. 8. Accordingly, the present petition is hereby dismissed with the cost of Rs.10,000/- 9. Petitioner is directed to deposit the cost amount of Rs.10,000/- within a period of one month from today before the Mediation and Conciliation Centre of this Court. The said amount shall be remitted to the detenue of the present case, forthwith. 10. In case, the aforesaid cost amount is not deposited by the deponent within the stipulated period then the District Magistrate, Lucknow is directed to recover the cost amount of Rs.10,000/- from the deponent as land revenue and deposit the same before the Mediation and Conciliation Cetnre of this Court and submit a report within a period of one month. 11. Presence of Officer is hereby dispensed with. Order Date :- 11.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench