'Ploy To Defame Image Of Girl, Her Family Members': Allahabad HC Dismisses Alleged Lover's Habeas Corpus Plea With ₹25K Cost

"...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," remarked Allahabad High Court recently while dismissing a habeas corpus plea filed by the purported lover of a girl (alleged detenue), who claimed that her family members had unlawfully confined her.

The Court also directed the petitioner (Ashish Kumar) to deposit a cost of Rs. 25,000/ [to be paid to the detenue "for damaging her image in the society"] as it noted that entertaining the petition would demolish the image and reputation of family members and the girl.

A bench of Justice Shamim Ahmed further observed that the petition was nothing but a ploy to defame the image of the detenue and her other family members so that they comprise the situation under pressure and fear of insult.

Essentially, the Habeas Corpus Writ Petition was moved by 32-year-old Ashish Kumar on behalf of the girl (name anonymised) claiming that they both are in love with each other since 2011 and they wanted to marry each other but the family members of the Girl are not ready for their marriage, and hence, she has been kept under illegal detention in her house with her real brother and real uncle.

In his petition, to support his case, he also attached some photographs and one letter allegedly written by the detenue-girl to show there exists a love affair between them and they were going to solemnize marriage with each other.

On the other hand, appearing for the state, the AGA opposed the habeas plea on the ground that the petitioner had not annexed sufficient material to prove the averments made in his plea and that the entire case was false and fabricated only to defame the image of the detenue and her family members in the society.

It was further argued by the state's counsel that we live in a society, which does not permit us to live or make relationships in the form, which has been narrated in the  petition.

Against the backdrop of these submissions, the Court, at the outset, expressed initial dissatisfaction, pointing out that the photographs attached to the petition seemed manipulated and altered. Additionally, the Court noted the absence of any supporting documents in the plea that could substantiate the alleged relationship between the detenue and the petitioner.

The Court also emphasized that if the alleged romantic relation dates back to 2011, the petitioner failed to provide a plausible explanation for why they hadn't married in the past 13 years. The court observed a lack of mention in the entire writ petition regarding any live-in relationship between them and therefore, the Court concluded that the petitioner's arguments appeared to be strategically crafted to obtain a favorable order from the Court.

Accordingly, finding no justification to entertain this type of petition, the Court dismissed the plea with Rs. 25K Cost as it opined that entertaining the petition will make it very difficult for a family who has been roped in these types of cases to solemnize the wedding of their girl in future to any other family of their choice.

Case title - XXX Thru. Her Next Friend Ashish Kumar vs. State Of U.P Thru. Prin. Secy. Civil Secrt. Home Deptt. And 4 Others 2024 LiveLaw (AB) 35 [name anonymised]

Case Citation: 2024 LiveLaw (AB) 35

Click Here To Read/Download Order