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2025 DAILYLAW 160915 (ALL)

PINKI THRU. HER HUSBAND SHAILENDRA SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT.LKO. AND 2 OTHERS

HABC/314/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 314 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Smt. Savita Jain, learned counsel for the applicant and Sri J.S. Tomar, learned AGA-I for the State are present. 2. The alleged detenue Smt. Pinki has been produced by Sub Inspector Sri Vipin Kumar along with lady Constable Ms. Shashi Bala of Police Station Bijnaur, District Lucknow. She stated that she has married Sri Shailendra Sharma, who has filed this writ petition for her release from illegal detention form her mother Smt. Roop Rani (opposite party no. 3). She further stated that her mother has also accompanied her to this Court. 3. The opposite party no. 3 Smt. Roop Rani has also appeared before this Court in person and she has stated that her daughter Pinki had married Shailendra Sharma against her wishes and, therefore, she has not permitted her to go with her husband. The date of birth of the alleged detenue Pinki is 01.01.2006 from which it appears that she is major. Her ultrasonography report is annexed with the petition which discloses that she is having four month's pregnancy. She has categorically stated before this Court that she has married Shailendra Sharma out of her own free will and she wants to live with him. 4. From the statement made by the opposite party no. 3, it appears that she has been forcibly restrained the alleged detenue Smt. Versus Counsel for Petitioner(s) : Savita Jain Counsel for Respondent(s) : G.A. Pinki Thru. Her Husband Shailendra Sharma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt.Lko. And 2 Others .....Respondent(s) Pinki and she is not permitted her to join the company of her husband. 5. In view of the above, the writ petition is allowed. 6. Smt. Pinki is set at liberty to join the company of her husband Sri Shailendra Sharma. September 4, 2025 Pradeep/- HABC No. 314 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench