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2025 DAILYLAW 23486 (ALL)

SMT REETA DEVI (CORPUS) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/154/2025 · 2025-04-30

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69400 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 154 of 2025 Petitioner :- Smt Reeta Devi (Corpus) & Anr. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Upadhyay Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners as well as the learned Additional Government Advocate appearing on behalf of the State- respondents. 2. The present writ petition has been preferred with a prayer for issuance of 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 no. 4. 3. Learned counsel for the petitioner no.2 submits that petitioner no.1 is the legally wedded wife of petitioner no.2. Their marriage was solemnized on 10.12.2024 at Jaunpur, in accordance with Hindu rites and customs. It is further submitted that respondent no. 4, being aggrieved by the said marriage, allegedly came at the house of petitioner no.1 on 6.1.2025 and forcibly took away petitioner no.1 (corpus) with him. It is also alleged that petitioner no.1 was threatened with dire consequences in case he attempted to contact or visit respondent no. 4. 4. In compliance of order dated dated 27.2.2025, the petitioner No. 1-Smt. Reeta devi (corpus) has been produced by respondent no.4. 5. On the Court's query, petitioner No. 1-Smt. Reeta Devi (corpus) has stated that she is minor aged about 15 years and petitioner No. 2- Vipin had procured some paper fraudulently and, accordingly, she has denied to go along with him and wants to reside with her father-respondent no.4. 6. In view of the statement made by the corpus – petitioner no.1 – the present writ petition is devoid of merit and is liable to be dismissed. 7. Accordingly, the present Habeas Corpus Writ Petition, is dismissed. Order Date :- 1.5.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad