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2025 DAILYLAW 174955 (ALL)

PRIYA CHAURASIYA THRU. HER NEXT FRIEND HUSBAND AMIT YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 4 OTHERS

HABC/401/2025 · 2025-11-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 401 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred seeking following main relief(s):- "i. Issue a writ, order or direction in the nature of Habeas Corpus, to direct the opposite party No. 5 to produce the petitioner before this Hon'ble Court immediately and to allow the petitioner to go with her husband to her matrimonial home. ii. Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party No.2 to 4 to ensure the presence of the petitioner before this Hon'ble Court forthwith." 3. In terms of order of this Court dated 06.11.2025, Ms. Priya Chaurasiya (detenue), Amit Yadav (petitioner) and opposite party No. 5/Prem Kumar Chaurasiya (father of detenue) are present before this Court, who have been duly identified by their respective counsels. 3. In terms of order of this Court dated 06.11.2025, a draft of Rs. 35,000/- has also been handed over to the detenue before this Court. 4. Considering the averments made in the instant petition and also the documents annexed therewith, as per which, the marriage between the detenue and her next friend namely Amit Yadav was solemnized on 06.10.2025 and this marriage has already been registered in terms of U.P. Marriage Registration Rules, 2017 (in short "Rules of 2017"), as is evident from the Certificate of Marriage issued on 08.10.2025 in terms of the Rules of 2017 by the Marriage Registration Officer, District- Lucknow and also that the detenue was born on 09.07.2003 and her next friend namely Amit Yadav was born on 14.07.1998 and also the statement of detenue before this Court, according to which, she is inclined to live with her next friend/husband namely Amit Yadav, this Court is of the view that the instant petition is liable to be allowed. It is according allowed. 5. Ms. Priya Chaurasiya (detenue) is permitted to go with her next friend/husband namely Amit Yadav. November 17, 2025 Arun/- Versus Counsel for Petitioner(s) : Madhulika Yadav, Beauty Singh, Devendra Kumar Singh, Manisha Yadav Counsel for Respondent(s) : G.A., Syed Fazal Abbas Rizvi (Saurabh Lavania,J.) Priya Chaurasiya Thru. Her Next Friend Husband Amit Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench