SMT. SUFIYA AZAD RAEEN THRU. HER HUSHBAND AZAD ALI MUNSHIRAJA RAEEN AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS
HABC/112/2025 · 2025-04-08
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132535 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132535 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 112 of 2025 Petitioner :- Smt. Sufiya Azad Raeen Thru. Her Hushband Azad Ali Munshiraja Raeen And 2 Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Rehan Ahmad Siddiqui,Dildar Khan Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Shri Rehan Ahmad Siddiqui, learned counsel for the petitioner submits that the detenue no.1, who is the wife of the deponent and the detenue nos.2 and 3, who are the son and daughter of the deponent are in unlawful custody of the respondent no.2, who is the father of the detenue no.1, since 2021 and he is not allowing her to meet or talk to the deponent. Per contra, the learned A.G.A., on the basis of instructions, submits that the marriage between the detenue and deponent was solemnized as per Muslim law in the year 2007. On account of some dispute between the husband and wife, the wife i.e. the detenue no.1, Smt. Sufiya Azad Rayeen is residing with her father. Her mental condition is also unwell and she is undergoing treatment at Nur Manzil Psycho Charity Centre, Lalbagh, Lucknow and the detenue nos.2&3 are studying at Ameer Memorial Public School. As admitted by the petitioner himself, they have been residing in the house of the in laws of the deponent's in-laws since 2021 and no single incident has been shown when the petitioner could have gone to bring her back only a vague averment has been made. In view of above, it appears that there is some family dispute between the deponent and detenue no.1, for which the petitioner may avail appropriate legal remedy as may be available under law. With the aforesaid, this petition is dismissed. ...................................................................(Rajnish Kumar, J.) Order Date :- 8.4.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench