Neutral Citation No. - 2025:AHC-LKO:429 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 22401 of 2021 Petitioner :- Chhavi Gupta Thur. Her Father Sri Raj Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Ors. Counsel for Petitioner :- Sumit Kumar Srivastava,Nupur Srivastava Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard Shri Sumit Kumar Srivastava, learned counsel for the petitioner as well as learned AGA appearing for respondents no.1 to 3 and perused the record. 2. Having heard learned counsel for the petitioner as well as learned AGA for the State, it appears that the instant writ petition was filed with the following prayer:- "(1) Issue a writ, order or direction in the nature of Habeas Corpus, commanding the opposite parties no.2 to 5 to produce the petitioner/ detenue before this Hon'ble Court and after recording her statement, she may be set free at her liberty, otherwise the petitioner/ detenue shall suffer irreparable losses, inconvenience and harassment. (ii) Issue ad-interim to this effect. (iii) Issue such other order or direction, which this Hon'ble Court may deem, fit and proper under the facts and circumstances of the case, in favour of the petitioner." 3. The State has filed counter affidavit and has enclosed therewith an order of the Sessions Judge, Moga, Punjab. Perusal of which would reveal that the protection has been granted to the alleged detenue and respondent no. 6 as they appeared before the Sessions Judge, Moga and stated that they have solemnized marriage and they are marriageable age. The Sessions Judge, Moga in its order dated 27.08.2021 has stated that the parties are of marriageable age and they have solemnized marriage voluntarily. 4. Thus, the custody of the alleged detenue with respondent no.6, at this stage may not be termed as illegal which in the opinion of this Court is a condition precedent for entering into the jurisdiction of the Habeas Corpus. 5. Thus, for the reasons stated above, I do not find any force in the petition and is dismissed as such. 6. The observation made herein before may not be construed as an opinion of this Court with regard to the legality of the marriage and the date of birth and the age of the alleged detenue. Order Date :- 3.1.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench