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2025 DAILYLAW 175427 (ALL)

SMT. KALPNA THRU. HER HUSBAND SACHIN VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 5 OTHERS

/402/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 402 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Vakalatnama filed on behalf of the opposite party No.6 by Shri Shyam Sunder Bajpai, Advocate is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for the State as well as Shri Shyam Sunder Bajpai, learned counsel for the opposite party No.6 and perused the record. 3. This Habeas Corpus petition has been filed seeking following main relief(s) :- "(I) Issue a writ, order, or direction in the nature of HABEAS CORPUS, commanding and directing the OP No.2 to 5 to produce the petitioner/detenue, before this Hon'ble Court; Upon production, permit the petitioner/detenue to interact freely and express her independent will as to with whom and where she wishes to reside." 4. On 07.11.2025 the following order was passed :- "1. Learned counsel for the petitioner submitted that Smt. Kalpna (detenue) is the wife of petitioner/Sachin Verma and has been illegally detained by opposite party No. 6/Kaushal Kishore Kanoujiya @ Pintu (maternal uncle of detenue). 2. Considering the facts of the case, let notice be issued to opposite party No. 6 for production of Smt. Kalpna (detenue) before this Court. Steps in this regard be taken within seven working days. 3. In addition to above, SHO concerned is also directed to provide the information to private opposite party No. 6 R/o- Balamau Kacchauna, District- Hardoi, Paying Guest at Muneshwarpuram Alamnagar, Lucknow regarding date fixed in the case and SHO shall also ensure the presence of detenue before this Court on the date fixed. 4. Learned AGA is directed to communicate this order to the SHO Versus Counsel for Petitioner(s) : Kulsoom Firoz, Sajjad Husain Counsel for Respondent(s) : G.A. Smt. Kalpna Thru. Her Husband Sachin Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 5 Others .....Respondent(s) concerned forthwith for ensuring compliance. 5. List/put up this case on 20.11.2025 alongwith service report. 6. On the next date of listing, a draft amounting to Rs. 50,000/- (Rs. Fifty Thousands Only) would be provided to Smt. Kalpna (detenue) by the petitioner/Sachin Verma (husband of detenue) before this Court, as stated by Sri Sajjad Husain, learned counsel for the petitioner." 5. In terms of the aforesaid order, the draft of Rs.50,000/- (Rupees Fifty Thousand only) has been provided to the detenue/corpus, namely Kalpana, wife of petitioner Sachin Verma. Copy of the draft has been placed before this Court which is taken on record. According to the statement of the corpus/detenue - Kalpana made before this court she was born on 11.03.2003 and she solemnized marriage with Sachin Verma, born on 10.07.2004, on her own volition at Arya Samaj, Yaseenpur, Hardoi on 14.07.2025 and she wants to accompany Sachin Verma. 6. In view of the aforesaid statement, the Habeas Corpus petition is liable to be allowed. Accordingly, the Habeas Corpus petition is allowed. 7. The detenue/corpus Kalpana is set free and is permitted to live with Sachin Verma who shall get the marriage registered in terms of U.P. Registration of Marriage Rules, 2017. November 20, 2025 ML/- HABC No. 402 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench