Neutral Citation No. - 2025:AHC:24289 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 120 of 2025 Petitioner :- Sadima Bano (Corpu) And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- Abhay Kumar Singh,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Saroj Kumar Yadav, learned counsel for petitioners and Sri V.M. Zaidi, learned Senior Advocate assisted by Sri Abhay Kumar Singh, learned counsel for respondent no.4 as well as learned AGA. 2. The present Habeas Corpus Writ Petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus thereby to direct the respondent authorities to produce the petitioner no.1/Corpus before this Court who has been illegally detained by respondent no.4 and set on her liberty. 3. Although, this matter has been taken up as fresh on second time, on previous occasion, the matter was only directed to be listed for today. 4. At the very outset, learned Senior Advocate appearing on behalf of respondent no.4 submitted that without having any specific direction from any court of law, the concerned police authorities taken the corpus into their custody on 15.02.2025 and now they are producing the corpus before this Court in absence of any direction issued by this Court. 5. When the said fact brought into notice of this Court by learned Senior Advocate, first of all, specific query has been made to Sub-Inspector Ms. Kanchan Pandey who brought the corpus before this Court that under which circumstances, custody of corpus has been taken up by the concerned police authorities in absence of any specific direction. In reply to the said query, Sub-Inspector Ms. Kanchan Pandey stated that the corpus herself given the information with regard to her illegal confinement carried out by parents of corpus and she was confined in a house owned by respondent no.4. and after receiving such information, police promptly acted and taken the custody of corpus. In sofar as production of corpus before this today is concerned, Sub-Inspector Ms. Kanchan Pandey apprised the Court that as per the information received from Office of learned Government Advocate, she produced the corpus before this Court today. 6. Regarding mechanism for information sent through Office of learned Government Advocate, has been certified by learned AGA and as such, the preliminary objection raised by learned Senior Advocate appearing on behalf of respondent no.4 that without having any specific direction, under which circumstance, corpus brought before this Court, has now been answered by Sub- Inspector Ms. Kanchan Pandey. 7. Upon specific query made before corpus regarding her illegal confinement, she stated that she was illegally detained by respondent no.4 and other family members since she married with petitioner no.2. Corpus also stated that she alongwith petitioner no.2 made a requisition for registration of their marriage under the Special Marriage Act before Registrar Marriages at Jaunpur but before the date extended by the Registrar Marriages, she was illegally detained in the house of respondent no.4. 8. Learned Senior Advocate appearing on behalf of respondent no.4 submitted that the action taken up by corpus, is highly illegal since she belongs to Muslim community and without conversion, marriage with a person belongs to other community, is not valid but at the same time, it is also available at law under the Special Marriage Act that marriage can be solemnized between the two persons belong to different sex and also different communities and as such, process and procedure of conversion will not take place. 9. In view of the aforesaid facts and circumstances, corpus is at liberty to lead her peaceful life with the person to whom she desires and custody of the corpus may be handed over to petitioner no.2 if she admitted the same. 10. Sub-Inspector Ms. Kanchan Pandey is hereby directed to comply with the said direction as made above and before parting with the order, the promptness shown by the police authorities for saving live of corpus, is highly appreciable and this appreciation must be recorded in the service record of Sub-Inspector Ms. Kanchan Pandey, posted at Police Station Shakarmandi, District Jaunpur. 11. Accordingly, the present petition stands allowed. 12. Registrar (Compliance) is hereby directed to ensure service of this order upon Deputy Inspector General of Police, Varanasi who shall ensure compliance of this order in respect of recording appreciation entry in service record of Sub-Inspector Ms. Kanchan Pandey. Order Date :- 19.2.2025/Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad