MAHBOOB ALAM AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
HABC/777/2025 · 2025-09-17
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89788 (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. - 777 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. In compliance of the order dated 29.08.2025, passed by this Court, petitioner no.2 – Sadaf (corpus) has been produced before this Court. 3. Upon a specific query put forth by this Court, petitioner no.2 (the corpus) has categorically stated that she is a major and has solemnized marriage with petitioner no.1 voluntarily and out of her own free will and consent. She has further deposed that although she has appeared before this Court with her parents, she had previously been subjected to physical and mental torture by them and is presently being extended threats to her life by respondent nos.4 and 5 (her parents). She has also stated that she had been kept under illegal confinement and restraint by them against her wishes. The corpus has unequivocally stated that she does not want go with respondent nos.4 and 5 and that she wants to reside with petitioner no.1 of her own volition.. 4. Petitioner no.1, on query being raised by this Court, has submitted an undertaking that he is gainfully employed in the private sector, earning sufficient income to maintain himself and petitioner no.2, and that he shall take proper care of petitioner no.2 and ensure her safety, well-being, dignity and all basic necessities. 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.2 (corpus), coupled with the undertaking furnished by petitioner no.1 (the Versus Counsel for Petitioner(s) : Neeraj Srivastava Counsel for Respondent(s) : G.A. Mahboob Alam & Anr. .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
husband 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.2 (corpus) is hereby directed to be handed over to the petitioner no.1 forthwith. 6. With the aforesaid observation and direction, the present petition stands disposed of.
September 18, 2025 A. Tripathi HABC No. 777 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad