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2025 DAILYLAW 89925 (ALL)

SMT LUXMI AND ANOTHER v. State of UP AND 3 OTHERS

HABC/655/2024 · 2025-04-23

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63330 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 655 of 2024 Petitioner :- Smt Luxmi And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sushil Kumar Shukla,Varun Ojha Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. The present petition has been filed by petitioner no.2, who claims to have solemnized a legal marriage with petitioner no.1- Smt. Luxmi, the corpus, on 14.10.2023 at Arya Samaj Shiv Vihar, Mandhana, District Kanpur Nagar. A child was also born out of the said wedlock on 30.9.2024. 2. Due to certain matrimonial disputes and allegations of physical assault, the corpus was taken by her mother, who has been arrayed as respondent no.4. It has been brought to the attention of the Court that respondent no.4 is presently residing in Delhi. 3. On the last date of hearing, certain photographs were produced by the mother of the corpus, allegedly showing signs of physical abuse inflicted by petitioner no.2. In light of these submissions, this Court, vide order dated 15.04.2025, directed the Superintendent-in-Chief Moti Lal Nehru Divisional Hospital, to arrange for a psychiatric evaluation of the corpus by a qualified professional specializing in the field. 4. In compliance with the said order, a psychiatric evaluation report has been submitted before this Court. Upon examination, the report indicates that no abnormality in psychiatric health or cognitive functioning has been detected in the corpus. 5. This Court interacted personally with the corpus- petitioner no.1, her husband- petitioner no.2, and her mother- respondent no.4. Based on the interaction and overall circumstances, this Court is of the considered view that the corpus is at liberty to reside with her husband, subject to the following conditions to ensure her safety and well-being: (i) petitioner no.2 shall present himself along with the corpus before the Station House Officer, Police Station Shivali, once every week, (ii) the concerned S.H.O. shall submit a monthly report regarding the welfare of the corpus before the Chief Judicial Magistrate, Kanpur Dehat, (iii) if the Chief Judicial Magistrate, Kanpur Dehat, upon perusal of the reports, deems it necessary, he may ensure presence of petitioner nos. 1 and 2 before him. 6. This monitoring mechanism shall continue for a period of one year from the date of this order. 7. A copy of this order be transmitted to the Chief Judicial Magistrate, Kanpur Dehat as well as the S.H.O. Police Station Shivali, District Kanpur Dehat for strict compliance. 8. With respect to the visitation rights of respondent no.4 (mother of the corpus), the SHO shall ensure that the respondent no.4 could meet her daughter as and when she desires. 9. The telephone number of the S.H.O., P.S. Shivali, (9454403705) shall also be shared with respondent no.4 for the purpose of communication with the corpus. 10. In light of the above directions and safeguards, the instant petition stands disposed of. Order Date :- 24.4.2025/Anil K. Sharma Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad