HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 163 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard Ms. Shilpi Singh Bhadauriya, learned counsel for the petitioner, Sri Alok Srivastava, learned counsel for the respondent and the learned AGA for the State. 2. The present petition has been filed seeking following reliefs:- "a. Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party nos. 3 and 4 to produce the corpus/detenue/petitioner before this Court from illegal detained by the opposite party no. 4 and also been helped by the police authorities and set her free at her liberty." 3. The case of the petitioner can be deduced from the following facts:- (i) Ram Singh and the detenue, (Parvati an adult as per medical opinion) solemnized marriage on 26.09.2023 (ii) Thereafter, both appeared before the Marriage Registration Officer, who after verification issued the certificate of registration of marriage in terms of U.P. Marriage Registration Rules, 2017 on 26.09.2023. (iii) Therefore detenue-Parvati is under illegal custody of opposite party no. 4, father of the detenue. Versus Counsel for Petitioner(s) : Shilpi Singh Bhadauriya, Mamta Tripathi, Om Prakash Tiwari Counsel for Respondent(s) : G.A., Alok Srivastava Parvati Thru. Her Husband Ram Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 4. The case of the side opposite is as under:- (i) According to the school records, the detenue was minor at the time of solemnizing marriage and thus, this marriage can not be recognized (ii) The detenue was enticed away by Ram Singh and therefore FIR was lodged (iii) After taking factual background of the case including date of birth in the school records, the Child Welfare Committee, Gonda constituted in terms of provisions of Juvenile Justice (Care and Protection of Children) Act, 2015, provided the custody of detenue to the opposite party no.4 as appears from paragraph 6 of the counter affidavit filed by the State (iv) Therefore, the present petition is in the nature of Habeas Corpus is not maintainable in view of the full bench judgement of this Court in the case of Km Rachna and others Vs. State of U.P. reported in 2021 CrLJ 2316(FB). (v) The statement of the alleged detenue has been recorded, which is against Ram Singh. In this regard, reference has been made in page 20 of the counter affidavit filed by the opposite party no. 4. 6. Upon due consideration of the aforesaid fact, this Court finds no force in this petition. 7. Accordingly, the present petition is dismissed. November 7, 2025 Anurag HABC No. 163 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench