The Lucknow Bench of the Allahabad High Court while dismissing the Habeas Corpus Petition said that we are not living in a western country, where this type of relationship is very popular and common among the citizens, We live in country, where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country.
Coming to the case, which is nothing but a ploy to defame the image of the detenue and her other family members so that the family members of the detenue under pressure and fear of insult may compromise the situation, the bench observed.
A Single Bench of Justice Shamim Ahmed passed this order while hearing a Habeas Corpus Petition filed by Detenue through Her Next Friend Ashish Kumar.
The Habeas Corpus Petition has been filed on behalf of detenue through her next friend Ashish Kumar with following prayers:-
“i. to issue a writ in the nature of Habeas Corpus, commanding opposite parties No 3 to 5 to produce the detenue/petitioner before the Court and to pass appropriate order for her release after recording her statement who has been illegally detained by opposite parties Nos 3 to 5 in the petitioner’s house situated in Mohalla-Ayodhyapuri, City-Lakhimpur, Police Station-Kotwali Sadar, District-Lakhimpur Kheri and set her free.
ii. to issue any other writ, order or direction in favour of the petitioner as the Court may deem fit and appropriate in the nature and circumstances of the case.
iii. to allow this writ petition with costs.”
Counsel for the petitioner submitted that detenue aged about 29 years resident of Mohalla-Ayodhyapuri, City-Lakhimpur, Police Station-Kotwali Sadar, District-Lakhimpur Kheri, who is residing in the same house with her real brother and real uncle i.e respondent No 3 and 4 and as per the case set up by the petitioner, the detenue has been kept under illegal detention.
It is also alleged that respondent No 5 is the real maternal uncle of the detenue.
He further submitted that the detenue is a major girl and as per her educational certificates her date of birth is 01.06.1994 and has completed her education in Bachelor of Science (B.Sc) and Bachelor of Education (B.Ed).
He further submitted that there has been a love affair between the detenue and the petitioner, namely Ashish Kumar since 2011 and they want to marry each other but the family members of the detenue are not ready for their marriage.
He also submitted that the detenue is under illegal detention in her house with her real brother and real uncle and they are not allowing her next friend, namely-Ashish Kumar to meet her as he wants to marry the detenue, thus, the petition has been filed with aforesaid prayers and interference by the Court is necessary in the matter.
On the other hand, Ashok Kumar Singh, A.G.A-I for the State-respondent No1 and 2 have opposed the submissions advanced by Counsel for the petitioner, namely-Ashish Kumar and submitted that except some photographs and one letter allegedly written by the detenue no other document has been annexed with the petition to show that the detenue and the petitioner, namely Ashish Kumar are in relationship or they have love affair between them and they were going to solemnize marriage with each other.
He further submitted that as per the averments made in the petition, the detenue and the petitioner, namely-Ashish Kumar were in relationship since 2011 and this petition has been filed in the year 2024 but they have not yet solemnized the marriage even after 13 years of their alleged relationship, thus, it appears that the entire story as narrated by the petitioner, namely-Ashish Kumar is false and fabricated only with the intention to defame the image of the detenue and her family members in the society, the next friend of the petitioner wants to take advantage of the order of the Court.
He also submitted that letter which has allegedly being written by the detenue appears to be forged and fabricated and apart from the said letter no other complaint was ever made by the detenue before any competent authority, which also demolishes the case of the petitioner, namely-Ashish Kumar, thus, he submitted that the matter is very serious and no interference by the Court is required in the instant matter.
The Court observed that,
After considering the arguments of the Counsel for the parties and after perusal of the material placed on record, the Court is satisfied with the argument made by A.G.A-I for the State-respondents and express its opinion that the averments made in this petition are nothing but a ploy to defame the image of the detenue as well as her family members, the Court is also not satisfied with the photographs as they appear to be manufactured and tempered, further, no document has been annexed with the petition, which shows that there is any affiliation or affection between the detenue and the petitioner, namely-Ashish Kumar. The letter which has allegedly being written by the detenue appears to be forged and fabricated as the entire letter has been written in Hindi language but the signature and address in the said letter has been written in English language that creates a doubt in the mind of the Court, the said letter has been annexed with this petition only to create an impression that the detenue is willing to live with the petitioner, namely-Ashish Kumar and she has been detained illegally by her family members and apart from the said letter there is nothing on record to demonstrate this fact that the detenue had made any complaint to any competent authority about her alleged illegal detention as claimed by the petitioner. Further, it is not in dispute that the detenue is a major girl aged about 29 years and she knows her welfare very well and the petitioner, namely-Ashish Kumar is aged about 32 years as per the averments made in the petition.
Further, if both of them were in love affair since 2011 and the petition has been filed in the year 2024, there is no plausible explanation on the part of the petitioner, namely Ashish Kumar as to who has stopped them from marrying each other for the last 13 years, thus, argument of Counsel for the petitioner has no force that the family members of the detenue are restraining them marrying each other. Further, it is also observed here that in the entire writ petition there is no averment that the detenue and the petitioner, namely-Ashish Kumar were in a live-in relationship, thus, the Court finds that the argument advanced by the Counsel for the petitioner, namely-Ashish Kumar is made only with the intention to get some order in favour of the petitioner, namely-Ashish Kumar from the Court.
Accordingly, the Court does not find any justification to entertain this type of petition and to frustrate this type of petition filed by any such person in future only with the intention to defame the image of a girl or her family members, who are living in a society and if the Court entertains this type of petition, the image and reputation of family members as well as of the girl will certainly be demolished and it will be very difficult for a family who has been roped in these type of cases to solemnize the wedding of their girl in future to any other family of their choice.
Thus, in view of the above, the Court dismissed the petition with a cost of Rs 25,000/- (Rupees Twenty Five Thousand Only).