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2025 DAILYLAW 129888 (ALL)

SMT. SHALU PAL THRU. HER HUSBAND MITHUN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME MINISTERY LKO. AND 4 OTHERS

HABC/93/2025 · 2025-04-08

Rajnish Kumar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19835 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 93 of 2025 Petitioner :- Smt. Shalu Pal Thru. Her Husband Mithun Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Ministery Lko. And 4 Others Counsel for Petitioner :- Deepak Kumar,Geeta Rani Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. The photocopy of the High School certificate and the Aadhar Card produced by learned counsel for the petitioner is taken on record, which shows that the date of birth of the detenue is 01.07.2004. In deference to the order dated 3.4.2025, the detenue- Smt. Shalu Pal is present in person who has been brought by Shri Nutan Kumar Singh, Sub Inspector, PS- Sursa, Hardoi and Ms. Sarika, Lady Constable, as informed by the Sub-Inspector, but she is not present before this Court as the said Sub Inspector informed that she is not feeling well, therefore, she is not available in Court. The husband of the detenue namely, Mithun Kumar is also present in person. Heard Shri Deepak Kumar, learned counsel for the petitioner and Shri Vinay Sahi, learned AGA for the State. Learned counsel for the petitioner submits that the detenue- Smt. Shalu Pal and the deponent were married on their own sweet will and volition, but the detenue is in unlawful detention of the respondent nos. 4 and 5. On query being put to the detenue, she states that though she has married to the deponent- Mithun Kumar on her own, but she is now residing with her parents. She further states that since the deponent used to beat her, therefore, she does not want to go with the deponent- Mithun Kumar and she is happily living on her own sweet will and volition with her parents. She also states that she has not been married second time. The detenue- Ms. Shalu Pal is major as per her age recorded in High School Certificate. Though she does not dispute the marriage with the deponent, but she does not want to go with him and she is residing happily on her own sweet will and volition with her parents. Thus, it cannot be said that the detenue is in unlawful detention. In view of above, the petition is misconceived and is, accordingly, dismissed. The police personnel, who have brought the detenue, shall drop her at the place from where she has been brought by them, safely. Order Date :- 8.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench