Allahabad High Court
SMT. AYSHA AND ANOTHERversusState of U.P. & 3 Others
- Decided
Holding
The petition is dismissed as withdrawn, and no fresh habeas corpus petition on the same grounds is permitted.
Summary
The petitioners filed a habeas corpus petition alleging that Aysha, the corpus, had been forcibly detained by her father, Mohd. Anees, after purportedly marrying Nadim on 20 July 2023, and that the marriage document was forged. The father denied the allegations, claiming the Nikahnama was forged and that Aysha was voluntarily staying at her parental home. Aysha herself filed a counter‑affidavit supporting the father's claim. The petitioners later expressed that they no longer wished to pursue the petition. Consequently, the Court dismissed the habeas corpus petition as withdrawn and barred any fresh petition on the same grounds.
Issues considered
- Whether the petitioners are entitled to relief under a habeas corpus writ on the alleged illegal detention of the corpus
Subjects
- habeas corpus
- marriage
- custody
- forged document
- withdrawal
- family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 20 of 2024
Smt. Aysha And Another
.....Petitioner(s)
Versus
State Of U.P. & 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyan Prakash Mishra, Hemant Sharma,
Mohammad Arshad Khan
Counsel for Respondent(s) : G.A., Gyan Prakash Mishra, Santosh
Kumar Rai
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. The instant habeas corpus petition has been filed alleging that the corpus,
Aysha, has solemnized marriage with the petitioner, Nadim on 20.07.2023,
and is in the illegal custody of respondent no.4, Mohd. Anees, who is the
father of the corpus. However, in the counter affidavit filed by respondent
no.4, the aforesaid allegation has been denied, and it has been stated that the
Nikahnama dated 20.07.2023, allegedly executed between the corpus and the
petitioner, Nadim, is a forged document and that the corpus, Aysha is
voluntarily residing with her father at her parental home. The corpus has also
filed her counter affidavit, which is on record.
2. In view of the aforesaid facts, learned counsel for the petitioner submits
that he does not wish to press the instant habeas corpus petition.
3. Accordingly, the instant habeas corpus petition is dismissed as withdrawn.
4. The petitioner is not granted liberty to file a fresh habeas corpus petition
on the same grounds.
September 24, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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