Smt. Menka Devi Thru. Her Husband Chandrhas v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 225 of 2024 Petitioner :- Smt. Menka Devi Thru. Her Husband Chandrhas Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sanjay Pandey,Harshita Mishra Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Ms. Harshita Mishra, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record. The instant writ petition has been filed seeking issuance of writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the petitioner (detenue) before this Hon'ble High Court and she may be set at liberty under the care and custody of her husband. Learned counsel for the petitioner submits that the marriage of the Smt. Menka Devi (the detenue) and Chandrahas (the next friend of the detenue) was solemnized on 08.02.2014 and they were living happily. He further submits now the opposite party no.4 has illegally detained the detenue and is not allowing the husband to meet her. On the other hand, learned A.G.A.-I for the State submits that the detenue is not under illegal custody as she is willingly living with her brother and respondent no.4 is brother of the detenue. He further submits that it cannot be said that the major girl living with her brother after marriage is under illegal detention. The detenue is major and she is free to live anywhere she wants on her own sweet will. Learned A.G.A.-I further submits that if the detenue is legally wedded wife and she is not coming from her brother's house to live with the next friend, Chandrahas, then he has a remedy to file a suit under Section 9 of the The Hindu Marriage Act, 1955 before the appropriate forum but not the present petition of Habeas Corpus for custody of wife claiming that she is under illegal detention. After hearing learned counsel for the respective parties, this Court finds that the detenue is not under illegal custody as she is willingly living with her brother and respondent no.4 is brother of the detenue and it cannot be said that the major girl living with her brother after marriage is under illegal detention as the detenue is major and she is free to live anywhere she wants on her own sweet will. With the above observations, the instant writ petition is disposed of with liberty to the petitioner to avail remedy as available under Section 9 of the The Hindu Marriage Act, 1955 to file a suit before the appropriate forum. Order Date :- 1.8.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench