ANAM MALIK AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
HABC/857/2025 · 2025-09-18
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98319 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98319 (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. - 857 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners as well as the learned A.G.A. appearing for the State-respondents.
2. The present writ petition has been filed by petitioner no. 2, the husband of the alleged corpus (petitioner no. 1), seeking a direction to the respondent authorities to secure the production of petitioner no. 1, who is alleged to be in the illegal custody of respondent nos. 4 and 5 (mother and brother of the corpus), and to release her in his favour.
3. Learned counsel for the petitioners submits that the marriage between petitioner nos. 1 and 2 was solemnized on 04.06.2025 in accordance with Muslim rites and rituals. It is alleged that after the marriage, petitioner no. 2 left his wife at her parental home, but thereafter, the parents of the corpus refused to send petitioner no. 1 with her husband. Since then, she has remained in their custody.
4. Upon hearing learned counsel for the parties and upon perusal of the record, this Court finds that a marriage certificate/Nikahnama has been placed on record. Petitioner no. 1 may be the legally wedded wife of petitioner no. 2, but as she has been residing with her parents, her custody cannot be said to constitute illegal detention. The allegations made in the petition involve disputed questions of fact which cannot be adjudicated in proceedings under writ jurisdiction.
5. In view of the above, this Court does not find any ground to entertain the present petition. Accordingly, the writ petition, being devoid of merit, stands dismissed. September 19, 2025 Shafique Versus Counsel for Petitioner(s) : Chandra Bhushan Prasad Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Anam Malik And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad