Read Time: 06 minutes

Synopsis

The Allahabad High Court recently dismissed a habeas corpus plea filed by a woman through her next friend, who claimed to be the woman's lover, and imposed Rs 25k cost on the man. 

The bench of Justice Shamim Ahmed said that the petition was nothing but an attempt of the alleged lover to defame the girl and her family.

Court observed that the letter, allegedly written by the 29-year-old woman, and the photographs of the couple attached to the petition did not seem legit, they appeared fabricated. Court opined that behind the present petition, the man's intent was to obtain court's order in his favor so that he could pressurise the woman and her family by fear of insult to compromise the situation.

Before the high court, the 32-year-old man claimed that his lover/the detenue had been illegally detained by her real brother and uncle. He claimed that since the woman's family was against their wish to marry, therefore, they had detained the woman. 

However, the petition was vehemently opposed by the government counsel who submitted that except some photographs and one letter allegedly written by the woman, no other document had been annexed with the petition to show that the woman and the man were in relationship or they had a love affair and wanted to marry. 

He further informed the court that the man claimed that the couple was in a relationship since 2011, however, the habeas corpus plea was filed only in 2024. He argued that there was no explanation given by the man as to why the couple did not marry for such a long period despite being of age. 

The single judge bench said that it was noteworthy that though the man was claiming that the family of the woman was opposed to their union and she had been illegally detained, there was nothing on record to demonstrate the fact that the detenue had made any complaint to any competent authority about her alleged illegal detention.

"...It is not in dispute that the detenue is a major girl aged about 29 years and she knows her welfare very well," said the bench. 

Court said that "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".

Court emphasised:

"We are not living in a Western country, where this type of relationship is very popular and common among the citizens, We live in a 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."

With this view, court not only dismissed the petition but also imposed cost upon the man to be paid to the woman. 

Case Title: ..... v. State Of UP