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2025 DAILYLAW 175994 (ALL)

SHIVANI THRU. HER HUSBAND MUKESH v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 6 OTHERS

/437/2025 · 2025-12-12

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 437 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been preferred seeking following main relief(s):- "i. a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties to produce the corpus of detenue/wife of petitioner i.e. Shivani before this Hon'ble Court and further direct the immediate release of petitioner wife i.e. Shivani from the illegal detention of O.P. No. 4 to 7 and allow her to return to her matrimonial home with the petitioner. ii. a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties to direct the immediate release of detenue/ wife of petitioner i.e. Shivani from the illegal detention of O.P. No. 4 to 7 and allow her to return to her matrimonial home with the petitioner." 3. In terms of this Court's order dated 02.12.2025, Shivani (Detenue), who has been brought before this Court by Sub-Inspector Sri Subhash Kumar Yadav, Police Station- Lalaganj, District- Raebareli and Mahila Constable Ms. Priyanka Pandey, Police Station- Lalganj, District- Raebareli. Petitioner/Mukesh is also present before this Court duly identified by Ms. Shakshi Verma, Advocate. 4. In terms of this Court's order dated 02.12.2025, a draft of Rs. 15,000/- has also been handed over to Shivani (Detenue) in the Court today. 5. Taking note of the statement of Shivani (Detenue) present before this Court that she does not want to accompany Mukesh, through whom the instant petition has been filed, this Court is not inclined to entertain the instant petition for the main relief(s) sought, quoted above. 6. The instant petition is accordingly dismissed. December 12, 2025 Arun/- Versus Counsel for Petitioner(s) : Umesh Chandra Shukla, Shakshi Verma Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Shivani Thru. Her Husband Mukesh .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 6 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench