Neutral Citation No. - 2025:AHC-LKO:19836 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 71 of 2025 Petitioner :- Amirul Thru. Her Friend Narendraa Kumar @ Narendra Kumaar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 12 Others Counsel for Petitioner :- Durgendra Kumar Tiwari Counsel for Respondent :- G.A.,Mohammad Aziz Mansuri Hon'ble Rajnish Kumar,J. In deference to the order dated 7.3.2025, the detenue Amirul is present in person who has been brought by Shri Vishal Shukla, Sub Inspector and Ms. Gayatri Yadav, Lady Constable of P.S.- Hardattnagar, District- Shravasti. The next friend is also present in person. Learned counsel for the petitioner submits that she could not deposit the amount of Rs. 50,000/- because the two demand drafts were prepared in the name of the detenue, out of which one amounting to Rs. 20,000/- bearing Demand Draft No. 082328 dated 21.03.2025 and another amounting to Rs. 30,000/- bearing Demand Draft No. 082440 dated 02.04.2025. He handed over both the demand drafts to the detenue Amirul. On query being put to the detenue, she orally states that she has been divorced by the respondent no. 10. However, on query being put with regard to the legal divorce of the detenue, she failed to submit any such document. She further states that though she is residing with her father, but she is not happy with him. She states that she wants to live with the deponent- Narendra Kumar @ Narendra Kumar Yadav, whereas admittedly, he is married and having one daughter. She further states that she is aged about 22 years, whereas her age as per the age disclosed in the petition is 24 years and the date of birth mentioned in the Aadhar Card is 01.03.2003. The parties present also admit that she is major in age. Learned counsel for the petitioner submits that this petition has been filed by the deponent as the detenue is in unlawful detention of the respondent nos. 8 to 13. The detenue has admitted that she is not happy with her father. However, she does not dispute that her next friend Narendra Kumar Yadav is married having one daughter. He also on the basis of instructions submits that till date, the deponent has not divorced his wife. Learned counsel for the private respondents submits that since the next friend Narendra Kumar Yadav is married and being Hindu, he cannot solemnize second marriage without being divorced from his wife. Therefore, the detenue, even though, she may not be happy in the house of her father, cannot be allowed to go with the deponent. Learned counsel for the private respondents also submits that the detenue is married to the respondent no. 10 -Fayyaz Ansari, who has one son out of the said wedlock and till date, divorce has not taken place in accordance with law. He also submits that the deponent is claiming to be in live-in relationship on the basis of an agreement, whereas no such agreement can be executed and it has no legal sanctity. At this stage, learned counsel for the petitioner submits that the deponent does not want to press this petition and he has sought instructions from the detenue also, therefore, it may be dismissed as such to enable them to avail appropriate remedy in accordance with law. In view of the above, the petition is dismissed as not pressed with liberty as prayed for. However, since the detenue is major in age, it is without saying that nobody can keep her in unlawful custody and she can live as per her will and volition. The police personnel, who have brought the detenue, shall drop her at the place from where she has been brought, safely. Order Date :- 8.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench