SMT. RINKI THRU. HER HUSBAND SHUBHAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS
HABC/117/2025 · 2025-04-23
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133745 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133745 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22920 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 117 of 2025 Petitioner :- Smt. Rinki Thru. Her Husband Shubham Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Prabhat Kumar Upadhyay,Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. This Court had passed the following order on 15.04.2025:
"Shri Prabhat Kumar Upadhyay, learned counsel for the petitioner submits that there was arranged marriage of the detenue and the deponent, which was solemnized as per Hindu Rites and Rituals on
07.05.2023. The son of the deponent was born on 11.05.2024 out of the said wedlock. The deponent went with his wife and son on 23.02.2025 in his in-laws house where the respondent no. 4 and 5 i.e. brother-in-laws ousted the deponent manhandling with him and did not send the wife and the son. The application was given by the deponent on 27.03.2025 when again they did not allow the deponent to even talk to the detenue. Shri Vinay Shahi, learned A.G.A. prays for and is granted a week's time to seek instructions on 23.04.2025, as fresh." Sri S.P. Tiwari, learned AGA, on the basis of instructions, submits that as per instructions the detenue alongwith her daughter is residing with her parents with her sweet will and volition because the husband i.e. the deponent used to beat her and misbehaved regularly after the marriage. She is happy and secure there and there is no pressure of any family member. The written statement of the detenue dated 22.04.2025 has also been annexed alongwith the instructions provided to learned AGA dated 22.04.2025 by the Sub Inspector, Police Station Sushant Golf City, Lucknow which has been produced before this Court and are taken on record. In view of above, Sri Prabhat Kumar Upadhyay, learned counsel for the petitioner submits that the petition may be dismissed as not pressed with liberty to avail the appropriate remedy. To which there is no objection by learned AGA. In view of above, the petition is dismissed as not pressed with liberty as aforesaid.
Order Date :- 23.4.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench