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2025 DAILYLAW 137254 (ALL)

SANDHYA YADAV THRU. HER NEXT FRIEND/HUSBAND PRADUMM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

HABC/145/2025 · 2025-05-12

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27777 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 145 of 2025 Petitioner :- Sandhya Yadav Thru. Her Next Friend/Husband Pradumm Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Prashant Vikram Singh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Sri Tulsi Ram Yadav, Advocate has filed his Vakalatnama on behalf of respondent no.4, which is taken on record. In deference to the previous order dated 29.04.2025 passed by this Court, the alleged detenue- Ms. Sandhya Yadav is present in person. On a query being put by this Court, she told her name as Sandhya Yadav, age as 21 years and her date of birth as 01.01.2004 and that she is studying in final year graduation. She further states that she is residing with her sweet will and volition with her father. On a query being put regarding her marriage with the deponent, she admits that the marriage was solemnized on 04.04.2023 at Dev Kali Mandir, Ayodhya and the marriage was registered on 18.04.2023 before the Marriage Registration Officer, Ayodhya. She further states that she has never lived with her husband and she is continuously residing with her father. She categorically states that she wants to live with her father and make her carrier bright. She also categorically states that she does not want to go and live with deponent i.e. her husband. She also states that she had not asked to the deponent to file the present habeas carpus petition. In view of the above statement made by the detenue- Ms. Sandhya Yadav before the Court, it cannot be said that she is in unlawful custody as she is residing with sweet will and volition with her father and she does not want to go and reside with her husband . She further states that she had not asked the deponent to file the present habeas carpus petition before this Court. In view of above, this habeas carpus petition is misconceived having no merit. It is accordingly dismissed. Learned counsel for the petitioner submits that since the detenue does not want to live with the deponent i.e. her husband, therefore, the money deposited under the order dated 29.04.2025 passed by this Court may be returned to the deponent. To which there is no objection by the detenue and submits that she does not want any money. In view of the above, office is directed to return the amount of Rs. 50,000/- deposited by the deponent to him, which shall be transferred in his account on furnishing the account details by the deponent, after verification. . (Rajnish Kumar,J.) Order Date :- 12.5.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench