High Court · 2025

"1. Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record.

2. Learned counsel for the petitioner submits that the detenue, namely, Damini Yadav is the legally wedded wife of petitioner and has been illegally detained by respondent no.4- her father, who is making attempt to solemnize her marriage somewhere against her will. She is major and the marriage of the petitioner with detenue was also registered at the ofÏce of the Registrar of the Marriage and a certificate in this regard has also been issued and the petitioner as well as the detenue was apprehending arrest, had approached a Division Bench of this Court by filing Crl. Misc. Writ Petition No. 3550 of 2024 and vide order dated 25.5.2024 protection order was granted to them. However, even after the protection order passed by the Division Bench of this Court the respondent no.4 is making all out effort to commit the murder of the detenue or to marry her somewhere else against her wish and will. Thus, it is a case where immediate intervention is required.

3. It is also submitted that the detenue has sent some whats app. messages, a transcript of which has been placed at page no. 29 of the paper book and a perusal of which would reveal that the detenue is being threatened of her life.

4. Having regard to the factual matrix described above, in the considered opinion of this Court while granting an opportunity to State to obtain complete instructions in the matter, it is also required that the life of detenue be also protected by passing some effective order.

5. Thus till the next date of listing, the Superintendent of Police, Sitapur is directed to ensure that no harm is caused to the detenue by her family members or by anyone else and her marriage is not solemnized with any one against her wish and will.

6. The Superintendent of Police, Sitapur would further ensure to submit a comprehensive report in the matter to this Court by the next date of listing.

7. List on 15.01.2025 in the list of fresh cases.

8. A copy of this order be provided to learned AGA for the State today free of costs."

15.01.2025 "1. Shri Krishna Kant Singh and Shri Rajesh Verma, Advocates have filed their 'vakalatnama' on behalf of the petitioner/next friend, the same is taken on record.

2. In the meantime, in pursuance of the earlier order of this Court, learned A.G.A. has placed written instructions submitted by the Superintendent of Police, Sitapur, enclosing therewith an application given by the alleged detenue Damini Yadav along with her afÏdavit as well as medical reports. The same are taken on record.

3. The Superintendent of Police, Sitapur, in his report has categorically stated that the detenue has not been illegally detained and is residing with her parents with her free wish and will and she is not being treated with any cruelty. It has also stated therein that the alleged detenue has refused to reside with the next friend/petitioner/next friend.

4. Perusal of the report so submitted by the S.P., Sitapur, would reveal that the alleged detenue Ms. Damini Yadav in her application given to the S.H.O./Police Station Talgaon, Sitapur has admitted that her marriage was solemnized with the next friend/petitioner in May, 2024 and also that she is residing with her parents with her free wish and will and has not been illegally detained.

5. During the course of deliberations, learned counsel for the petitioner has placed before this Court a photocopy of an afÏdavit alleged to have been prepared by the alleged detenue Ms. Damini Yadav wherein paragraph 01 of the same it has been stated that she wants to go with next friend/petitioner- Aman Kumar (her husband).

6. At this juncture, learned counsel for the petitioner submits that the afÏdavit of the detenue has been obtained by applying pressure while initially she had prepared the afÏdavit, a copy of which has been filed by him (learned counsel for the petitioner), which has been given to him, by the petitioner/next friend.

7. Without commenting anything on the genuineness of the copy of the afÏdavit which has been placed before this Court for perusal by learned counsel for the petitioner and having regard to his submissions that in order to show his bonafide, the petitioner is ready to deposit Rs. 20,000/- in favour of the detenue/his wife- Ms. Damini Yadav, let this case be listed on 31st January, 2025, by which date, the petitioner/next friend shall prepare a demand draft of Rs. 20,000/- in favour of alleged detenue Ms. Damini Yadav and place it before this Court for perusal. Any further order with regard to the appearance of alleged detenue shall be passed thereafter."

31.01.2025 "Learned counsel for the petitioner states that he has already got prepared Demand Draft Amounting to Rs. 20,000/- in compliance of order dated 15.01.2025 bearing no. 451155 in the Punjab Nation Bank on 28.01.2025. Since detenue is his wife regarding which marriage registration certificate is on record and she is said to be living in illegal custody on her father. S.H.O. Police Station Talgaon, District Sitapur is directed to produce the detenue/Damini Yadav before this Court on the next date of listing with her father. List this case on 18.02.2025 as fresh. The demand draft will be handed over to the detenue first on the next date fixed."

4. In pursuance of the aforesaid directions, detenue-Damini Yadav d/o Nirmal Kumar Yadav, r/o Village Lalpur Majra Patti Sewai, Post OfÏce- Patti Sewai, P.S. Talgaon, District Sitapur is present along with her father as well as Sub- Inspector, Owaish Ali and Lady Constable Sangeeta, P.S. Talgaon, District Sitapur. The deponent (husband)-Aman Kumar s/o Ravindra Kumar r/o Village Pipri Kanja, Shareefpur, Makanpur, P.S. Talgaon, District Sitapur, Adhaar No. 367843953019, Mobile No. 7652000038 is also present before this Court.

5. It is evident that the detenue is a prudent and major lady, who has also completed her graduation. The detenue also categorically states that she solemnized marriage with the deponent-Aman Kumar and wants to join the company of her husband. It is also informed that their marriage has already been registered on 08.05.2024 before the Marriage Registrar, Lucknow vide Application ID No. 202422900644. In pursuance of earlier order, draft of Rs.20,000/-, in the name of Damini Yadav is also placed before this Court by the deponent, which is provided to the detenue.

6. In view of the facts that the detenue, who is a major lady, solemnized marriage with the deponent and is willing to join his company, the present petition stands allowed. The detenue is allowed to go as per her choice. VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Order Date :- 18.2.2025/VKS

"1. Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record.

2. Learned counsel for the petitioner submits that the detenue, namely, Damini Yadav is the legally wedded wife of petitioner and has been illegally detained by respondent no.4- her father, who is making attempt to solemnize her marriage somewhere against her will. She is major and the marriage of the petitioner with detenue was also registered at the ofÏce of the Registrar of the Marriage and a certificate in this regard has also been issued and the petitioner as well as the detenue was apprehending arrest, had approached a Division Bench of this Court by filing Crl. Misc. Writ Petition No. 3550 of 2024 and vide order dated 25.5.2024 protection order was granted to them. However, even after the protection order passed by the Division Bench of this Court the respondent no.4 is making all out effort to commit the murder of the detenue or to marry her somewhere else against her wish and will. Thus, it is a case where immediate intervention is required.

3. It is also submitted that the detenue has sent some whats app. messages, a transcript of which has been placed at page no. 29 of the paper book and a perusal of which would reveal that the detenue is being threatened of her life.

4. Having regard to the factual matrix described above, in the considered opinion of this Court while granting an opportunity to State to obtain complete instructions in the matter, it is also required that the life of detenue be also protected by passing some effective order.

5. Thus till the next date of listing, the Superintendent of Police, Sitapur is directed to ensure that no harm is caused to the detenue by her family members or by anyone else and her marriage is not solemnized with any one against her wish and will.

6. The Superintendent of Police, Sitapur would further ensure to submit a comprehensive report in the matter to this Court by the next date of listing.

7. List on 15.01.2025 in the list of fresh cases.

8. A copy of this order be provided to learned AGA for the State today free of costs."

15.01.2025 "1. Shri Krishna Kant Singh and Shri Rajesh Verma, Advocates have filed their 'vakalatnama' on behalf of the petitioner/next friend, the same is taken on record.

2. In the meantime, in pursuance of the earlier order of this Court, learned A.G.A. has placed written instructions submitted by the Superintendent of Police, Sitapur, enclosing therewith an application given by the alleged detenue Damini Yadav along with her afÏdavit as well as medical reports. The same are taken on record.

3. The Superintendent of Police, Sitapur, in his report has categorically stated that the detenue has not been illegally detained and is residing with her parents with her free wish and will and she is not being treated with any cruelty. It has also stated therein that the alleged detenue has refused to reside with the next friend/petitioner/next friend.

4. Perusal of the report so submitted by the S.P., Sitapur, would reveal that the alleged detenue Ms. Damini Yadav in her application given to the S.H.O./Police Station Talgaon, Sitapur has admitted that her marriage was solemnized with the next friend/petitioner in May, 2024 and also that she is residing with her parents with her free wish and will and has not been illegally detained.

5. During the course of deliberations, learned counsel for the petitioner has placed before this Court a photocopy of an afÏdavit alleged to have been prepared by the alleged detenue Ms. Damini Yadav wherein paragraph 01 of the same it has been stated that she wants to go with next friend/petitioner- Aman Kumar (her husband).

6. At this juncture, learned counsel for the petitioner submits that the afÏdavit of the detenue has been obtained by applying pressure while initially she had prepared the afÏdavit, a copy of which has been filed by him (learned counsel for the petitioner), which has been given to him, by the petitioner/next friend.

7. Without commenting anything on the genuineness of the copy of the afÏdavit which has been placed before this Court for perusal by learned counsel for the petitioner and having regard to his submissions that in order to show his bonafide, the petitioner is ready to deposit Rs. 20,000/- in favour of the detenue/his wife- Ms. Damini Yadav, let this case be listed on 31st January, 2025, by which date, the petitioner/next friend shall prepare a demand draft of Rs. 20,000/- in favour of alleged detenue Ms. Damini Yadav and place it before this Court for perusal. Any further order with regard to the appearance of alleged detenue shall be passed thereafter."

31.01.2025 "Learned counsel for the petitioner states that he has already got prepared Demand Draft Amounting to Rs. 20,000/- in compliance of order dated 15.01.2025 bearing no. 451155 in the Punjab Nation Bank on 28.01.2025. Since detenue is his wife regarding which marriage registration certificate is on record and she is said to be living in illegal custody on her father. S.H.O. Police Station Talgaon, District Sitapur is directed to produce the detenue/Damini Yadav before this Court on the next date of listing with her father. List this case on 18.02.2025 as fresh. The demand draft will be handed over to the detenue first on the next date fixed."

4. In pursuance of the aforesaid directions, detenue-Damini Yadav d/o Nirmal Kumar Yadav, r/o Village Lalpur Majra Patti Sewai, Post OfÏce- Patti Sewai, P.S. Talgaon, District Sitapur is present along with her father as well as Sub- Inspector, Owaish Ali and Lady Constable Sangeeta, P.S. Talgaon, District Sitapur. The deponent (husband)-Aman Kumar s/o Ravindra Kumar r/o Village Pipri Kanja, Shareefpur, Makanpur, P.S. Talgaon, District Sitapur, Adhaar No. 367843953019, Mobile No. 7652000038 is also present before this Court.

5. It is evident that the detenue is a prudent and major lady, who has also completed her graduation. The detenue also categorically states that she solemnized marriage with the deponent-Aman Kumar and wants to join the company of her husband. It is also informed that their marriage has already been registered on 08.05.2024 before the Marriage Registrar, Lucknow vide Application ID No. 202422900644. In pursuance of earlier order, draft of Rs.20,000/-, in the name of Damini Yadav is also placed before this Court by the deponent, which is provided to the detenue.

6. In view of the facts that the detenue, who is a major lady, solemnized marriage with the deponent and is willing to join his company, the present petition stands allowed. The detenue is allowed to go as per her choice. VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Order Date :- 18.2.2025/VKS