ANITA DEVI THRU. HUSBAND ZAKIR ALI @ SANJAY ARYA v. STATE OF U.P. THRU. SECY. HOME LKO. AND 4 OTHERS
HABC/96/2025 · 2025-03-26
Rajnish Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 130109 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130109 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17168 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 96 of 2025 Petitioner :- Anita Devi Thru. Husband Zakir Ali @ Sanjay Arya Respondent :- State Of U.P. Thru. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Meva Lal Yadav,Harshita Gupta,Saddam Khan Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Sri Gyanendra Pathak, Advocate filed vakalatnama on behalf of the respondent no.4, which is taken on record.
Learned counsel for the respondent no.4 submits that this Habeas Corpus petition is not maintainable because the alleged detenue Anita Devi is his wife and residing with him and they have three children also. He further submits that even otherwise, when the alleged detenue and respondent no.4 are living together and there is no divorce between them,the second marriage could not have been solemnized by the petitioner. He further submits that the forged certificate of registration has been obtained showing the husband as father of Anita Devi, therefore it is not admissible. Learned AGA, on the basis of instructions, submits that the alleged detenue is married to the respondent no.4. They have three children and the alleged detenue is residing with the respondent no.4 happily. The missing report was lodged by the respondent no.4 and since the alleged detenue has come back and has been handed over to the mother-in-law Usha Devi, therefore, the missing report has also been closed. The instructions submitted by learned AGA are taken on record. Faced with the above, Sri M.L.Yadav,learned counsel for the petitioner submits that the petition may be dismissed as not pressed. To which there is no objection by learned AGA. Dismissed as not pressed.
Order Date :- 26.3.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench