'We Are Not Living In A Western Country': Allahabad HC Dismisses Habeas Corpus Petition Seeking Release Of 'Lover'

The Allahabad High Court has dismissed a Habeas Corpus plea filed by a man praying for the release of his 'lover' who had been allegedly detained by her family. 

Imposing costs of Rs. 25,000 on the petitioner, the Bench of Justice Shamim Ahmed observed that, "this 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."

In similar context, the Court also observed 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 of the petitioner, namely-Ashish Kumar, 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."

Counsel Rajiva Dubey appeared for the petitioner.

The case involved a petition demanding the release of a detenue who had been unlawfully detained by opposite parties (Nos. 3 to 5) in the petitioner's house. It was alleged detenue and the petitioner, Ashish Kumar, were involved in a love affair and intended to marry, however, the detenue's family opposed the marriage. The petitioner's counsel, argued that the detenue was illegally confined by her real brother and uncle, preventing her from meeting Ashish Kumar, who wished to marry her.

The State contended that societal norms did not permit the relationships described in the petition. He suggested that Ashish Kumar's case was an attempt to tarnish the detenue's image and her family's reputation, aiming to pressure them into compromising the situation due to fear of insult.

The Court observed that the photographs annexed with the petition appeared to be manufactured and tempered, and that no document was annexed which could show that there was any affiliation or affection between the detenue and the petitioner. In furtherance of the same, it was observed that, "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 this petition."

It was also observed that if both of them were in love affair since 2011 and the petition had been filed in the year 2024, there was no plausible explanation on the part of the petitioner as to who has stopped them from marrying each other for the last 13 years.

Accordingly, the petition was dismissed.

Cause Title: X vs State Of UP

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