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2025 DAILYLAW 190771 (ALL)

SMT. ANSHU AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

HABC/939/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 939 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners as well as the learned A.G.A. appearing for the State-respondents. 2. The present writ petition has been filed by petitioner no. 2, the husband of the alleged corpus-petitioner no. 1, seeking a direction to the respondent authorities to secure the production of petitioner no. 1, who is alleged to be in the illegal custody of respondent nos. 5 and 6 (parents of the corpus), and to release her in his favour. 3. Learned counsel for the petitioners submits that the marriage between petitioner nos. 1 and 2 was solemnized on 22.09.2025 in accordance with Hindu rites and rituals. It is alleged that subsequent to the marriage, the parents of petitioner no. 1 took her to their residence, and since then, she has remained in their custody against her wishes. 4. Upon consideration of the submissions advanced and perusal of the record, this Court finds that although petitioner no. 1 may be the legally wedded wife of petitioner no. 2, her residing with her parents cannot, in any manner, be construed as illegal detention. The issues raised in the petition involve disputed questions of fact which are not amenable to adjudication in the exercise of writ jurisdiction under Article 226 of the Constitution of India. 5. In view of the aforesaid, this Court finds no ground to entertain the writ petition. Accordingly, the same, being devoid of merit, is hereby dismissed. October 17, 2025 Shafique Versus Counsel for Petitioner(s) : Shravana Kumar Yadav Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Smt. Anshu And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad