Neutral Citation No. - 2025:AHC-LKO:5282 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 388 of 2024 Petitioner :- Kritika (Detenue) Thru. Her Husband Rohit Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Home Secy. Lko. And 11 Others Counsel for Petitioner :- Shiv Kumar Srivastava,Prateek Tewari Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. In compliance of order dated 20.12.2024, draft bearing no. 015478, amounting to Rs. 25,000/- handed over to the detenue before the Court. The detenue Kritika has been produced before the Court with her parents escorted by police. The present writ petition has been filed by the petitioner with following relief: (i) Issue a writ, order or direction in the nature Habeas Corpus directing the respondents to produce the detenue, Kritika before this Hon'ble Court and secure her release through her husband Rohit Sharma Son of Shri Rakesh Sharma, Resident of C-2768, Sapna Colony, Rajajipuram, Lucknow, in the interest of justice. (ii) Pass any other order or direction, which this Hon'ble High Court in facts and circumstances of the case may deem fit, just and proper and nature of the case may admit of. Learned counsel for the petitioner submits that he entered into marriage with the detenue and he was going to get the marriage registered before the prescribed authority but in the way they were intervened by the parents of the detenue and she was taken away, therefore, she be handed over to his custody. Learned counsel for the opposite party submits that there is no any legal marriage of the detenue with opposite party no. 6, therefore, he has no any locus to file this writ petition before this Court. Till now, the detenue is not legally wedded to him, therefore, he cannot claim her custody. She is with her parents who are natural guardian, therefore, this petition is liable to be dismissed. The date of birth of the detenue (Kritika) is 30.08.2005 i.e. more than 18 years and she is major. She is making statement that she is willing to go with the petitioner and not to live with her parents. Since, there is no marriage in existence between the detenue and the petitioner, therefore, she cannot be handed over in the custody of petitioner by this Court but she (the detenue) being major is at liberty to go anywhere she likes. The police escorting him is directed to reach the detenue in safe custody to the place where she desires. Accordingly, this petition is disposed of finally. Order Date :- 27.1.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench