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2025 DAILYLAW 58247 (ALL)

SMT. ROLI YADAV AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/387/2025 · 2025-05-26

Nand Prabha Shukla

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:90411 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 387 of 2025 Petitioner :- Smt. Roli Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. The present habeas corpus petition has been filed for the following relief:- "I. Issue a writ, order or direction in the nature of Hebeas Corpus to the respondents to produce the Corpus petitioner no.1 wife of petitioner No.2 namely Smt. Roli Yadav before this Hon'ble court and may be set free on her free will and consent." 3. As per the instructions received by the learned A.G.A., the corpus petitioner No.1, Smt. Roli Yadav is aged about 30 years and is happily residing with respondent no.3, Sandeep Yadav (father) and does not want to join petitioner no.2, Sanjay Kumar Yadav. Therefore, the petition has no merit and is accordingly, dismissed. 4. However, in case the petitioner no.2 wants to seek the custody of the corpus (petitioner no.1), he may avail the remedy available to him under Section 9 of the Hindu Marriage Act, 1955. Order Date :- 27.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad