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2025 DAILYLAW 89088 (ALL)

SHABNAM AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

HABC/750/2025 · 2025-09-09

Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 750 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners and learned Additional Government Advocate appearing on behalf of the State-respondents. 2. The present Writ Petition has been instituted seeking issuance of a writ, order or direction in the nature of mandamus commanding respondent nos.2 and 3 to produce petitioner no.1 (corpus) before this Court and to secure her release from the alleged illegal detention of respondent nos.5 and 6. 3. The petitioner no.1 (corpus) is present before this Court and upon Court's query she has categorically stated that she is a major, aged about 27 years, and has voluntarily solemnized marriage with petitioner no.2, who is also a major aged about 30 years. She has unequivocally expressed her willingness to reside with petitioner no.2 and has further deposed that her confinement by respondent nos.5 and 6 was against her wishes and without lawful authority. 4. Having regard to the statement of petitioner no.1 (corpus), her age of majority, and her unequivocal consent to reside with petitioner no.2 (her legally wedded husband), this Court is of the considered view that no further cause of action survives for her continued detention. Accordingly, the custody of petitioner no.1 (corpus) is directed to be handed over forthwith to petitioner no.2. 5. With the aforesaid observations and directions, the present petition stands disposed of. September 10, 2025 A. Tripathi Versus Counsel for Petitioner(s) : Ashish Srivastava, Prabha Sehgal Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Shabnam And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad