SONAM THRU. HER HUSBAND KULDEEP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
HABC/245/2025 · 2025-07-30
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 12 Case :- HABEAS CORPUS WRIT PETITION No. - 245 of 2025 Petitioner :- Sonam Thru. Her Husband Kuldeep Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Neelu Singh Chauhan,Vivek Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. In deference to the previous order passed by this Court, the detenue Ms. Sonam is present-in-person, who has been brought by Lady Constable Ms. Neha Singh and Sub Inspector Shri Ashok Kumar, Police Station Safipur, District Unnao. As per Office report, steps have not been taken for service on respondent no. 2. On a query, the detenue states that the alleged next friend Kuldeep had forcefully got the marriage solemnized with her and she was minor at the time of marriage. She next states that she is presently residing with her parents with her sweet will and volition. She further states that she wants to live with her parents with her sweet will and volition and she does not want to go and live with the alleged next friend Kuldeep. She also states that she has not asked Kuldeep to file this petition. In view of above, it cannot be said that the alleged detenue is in illegal custody. Even otherwise the custody of the detenue cannot be said to be illegal. Shri Awdhesh Kumar, Advocate holding brief of Ms. Neelu Singh Chauhan, learned counsel for the petitioner prays for adjournment as she is ill. On a query, he further submits that the alleged next friend Kuldeep has also not come and therefore demand draft of Rs. 20,000/- is not available for handing over to the alleged detenue Ms. Sonam. In view of above, since this habeas corpus petition has been filed with misconceived and baseless ground(s) and the amount as directed by this Court has not been given to the alleged detenue, it is dismissed with a cost of Rs. 25,000/-, which shall be deposited by the next friend Kuldeep within a period of two weeks from today with the Senior Registrar of this Court failing which the same shall be recovered from him as arrears of land
revenue. The aforesaid amount of Rs. 25,000/- shall be released and paid to Ms.
Sonam, the alleged detenue on an application moved by her and after verification of bank account details furnished by her, which shall be transferred within a period of two weeks thereafter. On deposit of the cost by the alleged next friend, an intimation shall be sent to the alleged detenue forthwith. Order Date :- 30.7.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench