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2025 DAILYLAW 181895 (ALL)

SMT. SADIYA KHATOON THRU. HER HUSBAND MOHAMMAD AZHAR KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

HABC/390/2025 · 2025-10-30

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 390 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner as well as learned AGA appearing on behalf of opposite parties no.1, 2 & 3. 2. In view of the order proposed to be passed, notice to opposite party Nos.4 &5 is dispensed with. 3. Instant writ petition has been filed in the nature of Habeas Corpus commanding the respondents to produce the detenu, Smt. Sadiya Khatoon, before this Court. 4. The contention of learned counsel for the petitioner is that the petitioner and one Sri Mohammad Azhar Khan have got married and have also got registered the marriage as per the Certificate of Registration of Marriage, a copy of which has been filed as part of Annexure 3 to the writ petition. 5. It is contended that despite the aforesaid marriage the private respondents No. 4 & 5, who are the brother and mother of the petitioner, are detaining her. 6. The detenue has appeared in person in the custody of female Constable Ms. Shikha Chaudhary and Sub Inspector- Sri Mukesh Kumar, Police Station Khodare, District Gonda. Versus Counsel for Petitioner(s) : Sajeet Singh, Roshan Lal Verma, Saurabh Singh Counsel for Respondent(s) : G.A. Smt. Sadiya Khatoon Thru. Her Husband Mohammad Azhar Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 7. Smt. Sadiya Khatoon- petitioner is identified by her counsel as well as her husband Mohammad Azhar Khan, who is present in the Court. 8. Ms. Sadiya Khatoon has categorically states that she wants to reside with her husband namely Sri Mohammad Azhar Khan and that she is being detained by the respondents No. 4 & 5 against her will. 9. The aforesaid statement is recorded. 10. Considering the aforesaid, the writ petition is allowed. 11. The detenue Smt. Sadiya Khatoon is permitted to reside with her husband Sri Mohammad Azhar Khan without any undue interference by the respondents No. 4 & 5 or any other person. 12. In case, the detenue has any apprehension of threat to life, she has liberty to move an application in this regard which would be considered by the Senior Superintendent of Police, District Gonda, in accordance with law. October 30, 2025 Reena/- HABC No. 390 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench