SMT. NEHA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
HABC/836/2025 · 2025-09-22
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189485 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 836 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State, and perused the record.
2. The present writ petition has been preferred seeking a direction to the respondent authorities to produce petitioner no.1 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent nos. 4 and 5.
3. The petitioner no.1 (corpus) along with her father-in-law is present before this Court and upon a specific query put forth by this Court, petitioner no.1 (the corpus) has categorically stated that she is a major and has solemnized marriage with Rahul in the year 2024 out of her own sweet will and consent. Out of the said wedlock, she has been blessed with a child. She has further stated that she has come to this Court with her father-in-law and wants to reside with him.
4. Petitioner no.2, on query being raised by this Court, has submitted an undertaking that he shall take proper care of petitioner no.1 and her child and ensure her safety, well-being. He has further undertaken that he shall not subject her to any kind of physical, mental or emotional harassment, and in the event of any mishappening or harm caused to her, he shall be held accountable before the competent authorities in accordance with law.
5. In view of the clear and unequivocal statement made by the petitioner no.1 (corpus), coupled with the undertaking furnished by petitioner no.2 (father-in-law of corpus), and considering the fact that the corpus is a major and legally competent to take decisions concerning her life, the custody of petitioner no.1 (corpus) is hereby directed to be handed over to the petitioner no.2 forthwith. Versus Counsel for Petitioner(s) : Tripurari Pal Counsel for Respondent(s) : G.A. Smt. Neha And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
6. With the aforesaid observation and direction, the present petition stands disposed of. September 23, 2025 A. Tripathi HABC No. 836 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad