HABC/273/2025 of SMT. AARTI THRU. HER HUSBAND VISHAL KUMAR Vs STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS on 11 December 2025

1. Heard learned counsel for the petitioner, learned AGA for the State of U.P. as also Sri Kapil Dixit, Advocate, and perused the record.

2. The present petition has been filed for the following main reliefs:- "i) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties to produce the corpus of the detenue/petitioner before this Hon'ble Court and after recording her statement she may be freed to lead her life according to her own will."

3. On 05.12.2025, this Court has passed the following orders:- "1. Learned counsel for the petitioner submitted that Smt. Aarti (detenue) is the wife of petitioner/Vishal Kumar and has been illegally detained by opposite party No. 4/Smt. Gudiya, (mother of detenue).

2. Considering the facts of the case, let notice be issued to opposite party No. 4 for production of Smt. Aarti (detenue) before this Court. Steps in this regard be taken within seven working days.

3. In addition to above, SHO concerned is also directed to provide the information to private opposite party No. 4 R/o- Ghasiyari Mandi, Police Station-Lalganj, District-Raebareli regarding date fixed in the case and SHO shall also ensure presence of detenue before this Court on the date fixed.

4. Learned AGA is directed to communicate this order to the SHO concerned forthwith for ensuring compliance.

5. List/put up this case on 11.12.2025 alongwith service report.

6. On the next date of listing, a draft amounting to Rs. 20,000/- (Rs. Twenty Thousands Only) would be provided to Smt. Aarti (detenue) by the petitioner Vishal Kumar (husband of detenue) before this Court, as stated by learned counsel for the petitioner."

4. Today when the case was called out, learned Counsel for the petitioner, who identified the petitioner present before this Court, says that draft in terms of order dated 05.12.2025 could not be provided as the same has not been brought by the petitioner.

5. The detenue/Smt. Aarti, who has been identified by Sri Kapil Dixit, learned Advocate, who filed the Vakalatnama, which is taken on record, for whose custody the present petition has been filed by Vishal Kumar s/o Late Mishri Lal, also made a Versus Counsel for Petitioner(s) : Rahul Kannojia, Charan Singh, Rajesh Kumar Kashyap Counsel for Respondent(s) : G.A. Smt. Aarti Thru. Her Husband Vishal Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Respondent(s)

statement before this Court. According to the statement of Smt. Aarti/detenue, she does not want to live with Vishal Kumar and she is living with her parents on her own volition.

6. It is to be noted that Smt. Aarti/detenue has been brought by Ms. Sonam Awasthi, Lady Constable, Police Station-Lalganj, District-Raibareli, before this Court.

7. Taking note of the facts of the case as also the aforesaid which includes the statement of detenue/Smt. Aarti, the present petition is liable to be dismissed with cost of Rs. 30,000/-.

8. Accordingly, it is dismissed with cost of Rs. 30,000/-, which shall be deposited by Vishal Kumar in this Court within 15 days from today and on depositing the same, this shall be provided to alleged detenue/Smt. Aarti as per Rules. In case, the cost of aforesaid i.e. Rs. 30,000/- is not deposited by Vishal Kumar within the time specified by this Court, the same shall be recovered as an arrear of land revenue and thereafter the same shall be provided to alleged detenue/Smt. Aarti. December 11, 2025 Jyoti/- HABC No. 273 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench