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2025 DAILYLAW 94354 (ALL)

SMT. VANDANA KUMARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/828/2025 · 2025-09-10

Vinod Diwakar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 828 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 material on record. 2. The instant petition has been preferred by petitioner no.2, who claims himself to be the husband of petitioner no.1. The father of petitioner no.1 has been impleaded as opposite party no.4. 3. Learned counsel for the petitioner submits that the petitioner no.2 has solemnized marriage with petitioner no.1 in accordance with Hindu rites and ceremonies, and on the strength of such assertion, a prayer has been made for issuance of appropriate directions to produce his wife, who has been in illegal custody of her father. 4. After hearing the parties, and on perusal of the record, this Court finds that the mere assertion of fact with regard to solemnization of marriage, supported only by documents and photographs, cannot ipso facto establish the legality and validity of the marriage in question in these proceedings. Moreover, the custody of petitioner no.1 with her father- opposite party no.4, cannot be prima facie termed as illegal and unlawful custody. The petitioner no.2 has efficacious remedy in other statutory laws. 5. In the given circumstances, this Court does not find any ground to entertain the present petition. Accordingly, the instant petition, being devoid of merit, stands dismissed. September 11, 2025 Anil K. Sharma Versus Counsel for Petitioner(s) : Sarvajeet Singh Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Smt. Vandana Kumari And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad