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Neutral Citation No. - 2025:AHC-LKO:14556 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 75 of 2025 Petitioner :- Smt. Vishakha Tiwari Respondent :- State of U.P. Counsel for Petitioner :- Letter Petition Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. On 07.03.2025, following order was passed. "1. The present Habeas Corpus Writ Petition is registered on the letter of detenue- Vishakha Tiwari d/o Kapil Dev Tiwari r/o Katehri Bazar, Partappur Chamurkha, Ambedkar Nagar, Mob No.
8810738460. 2. In the said letter petition, the detenue has mentioned that she is a major and prudent lady. It is alleged that on 25.06.2022, she entered into marriage with one Ashwani Kumar s/o Jagdeen r/o House No. 5/17/101, Shakti Nagar Colony, Faizabad City, District- Ayodhya. Thereafter, her marriage was registered in the office of Marriage Registrar at Lucknow and she started enjoying her matrimonial life. On 07.06.2024, her parents and brother came to her in-laws house and told that they have accepted her marriage and invited her to visit her parental house. The detenue joined the company of her parents and brother in emotion and went to her parental house. But now, her parents are not allowing her to go back to her in-laws house. In this connection, her husband filed a Habeas Corpus Writ Petition No. 174 of 2024, which was disposed of on 04.07.2024 on the basis of incorrect information given by the police and it was observed that the petitioner may file a petition u/s 9 of The Hindu Marriage Act, 1955. As she is being victimized and is in illegal detention of her parents, indulgence of this Court is required. 3. Sri Rao Narendra Singh, learned A.G.A. placed written instructions dated 05.03.2025 duly signed by Mr. Vivek Kumar Mishra, Sub Inpsector Trainee, Police Station- Ahirauli, District- Ambedkar Nagar, which are taken on record. 4. Sri Narendra submits that the detenue was enticed away by Ashwani Kumar (supra), thereafter, one F.I.R. No. 68 of 2025 u/s 87 B.N.S., Police Station- Ahirauli, District- Ambedkar Nagar was lodged on 04.03.2025 on the written complaint of father of the detenue. He further submits that the detenue has given in writing that she joined the company of her parents for a night. He next submits that on 05.03.2025, the detenue again appeared before the police station. 5. List this case on 10.03.2025 at 11:30 A.M.
6.
Station House Officer, Police Station- Ahirauli, District- Ambedkar Nagar is directed to produce the detenue- Vishakha Tiwari d/o Kapil Dev Tiwari r/o Katehri Bazar, Partappur Chamurkha, Ambedkar Nagar, Mob No. 8810738460 before this Court and he shall also appear in person before this Court on the next date of listing along with complete case diary related to
Case Crime No. 68 of 2025 u/s 87 B.N.S., Police Station- Ahirauli, District- Ambedkar Nagar."
2. In pursuance of the aforesaid directions, detenue- Vishakha Tiwari, Adhaar No. 905776654721 is present before this Court along with Sub-Inspector, Sunil Kumar Pandey and Lady Constable Mamta Singh, P.S. Ahirauli, District Ambedkar Nagar. 3. The detenue categorically states that prior to 06.03.2025, she was at the house of her parents against her wishes. She also informs that she wrote a letter to Hon'ble the Chief Justice of this Court and presently she is residing with her husband/deponent on her own choice and she is very happy. Lastly the detenue states that as she entered into marriage with Ashwini Kumar s/o Jagdeen on her own free will, she is having life threat from her family members, who are against their marriage. 4. As the detenue has categorically stated that she is residing with her husband on her own will, no case for habeas corpus is made out. 5. The petition, accordingly, stands dismissed. 6. However, it is open to the detenue to move an application before the Senior Superintendent of Police, Ayodhya within a week from today, with the further direction to the authority that, in case, any such application is moved, the same shall be considered and decided for proper security of the detenue and her husband. Order Date :- 10.3.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench