SONU KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/898/2025 · 2025-10-05
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102481 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102481 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 898 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Joint affidavit, filed by the learned counsel for the respondent no.4, is taken on record. 2. Heard learned counsel for the petitioners, learned counsel for the respondent no.4 as well as the learned Additional Government Advocate appearing on behalf of the State-respondents. 3. The present writ petition has been preferred with a prayer for issuance of a direction to the respondent authorities to produce petitioner no.2 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent no. 4. 4. Learned counsel for the petitioners submits that petitioner no.2 is the legally wedded wife of petitioner no.1. Their marriage was solemnized on 20.08.2025 in accordance with Hindu rites and customs. It is further submitted that respondent no. 4, being aggrieved by the said marriage, allegedly came at the house of petitioner no.1 and forcibly took away petitioner no.2 (corpus) with him. It is also alleged that petitioner no.1 was threatened with dire consequences in case he attempted to contact or visit respondent no. 4. 5. Shri Uttar Kumar Goswami, learned counsel for respondent no.4 submits that respondent no.4 is the natural guardian and father of petitioner no.2 (corpus) and that the corpus is residing with him voluntarily. It is further contended that there is no element of illegal detention or unlawful confinement on the part of respondent no.4. 6. Per contra, learned Additional Government Advocate submits that Versus Counsel for Petitioner(s) : Kanhaiya Lal Tiwari Counsel for Respondent(s) : G.A. Sonu Kumar & Anr. .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
remedy of habeas corpus is not maintainable, as it cannot be invoked in matters involving matrimonial discord or custody disputes arising out of failed marital relationships, unless there is clear evidence of illegal detention. 7. The writ of habeas corpus is an extraordinary and prerogative remedy intended to provide immediate relief in cases of illegal or unlawful detention. It is not a remedy available as a matter of course, particularly in matrimonial disputes where other legal remedies under civil and criminal law are open to the aggrieved party. 8. In the present case, the petitioners have failed to demonstrate any such unlawful detention or illegal restraint on the liberty of petitioner no.2.
In absence of prima facie evidence of coercion or confinement, no case is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. 9. In view of the above, and keeping in mind the alternative remedies available under the appropriate civil and criminal fora, this Court finds no merit in the present writ petition. 10. Accordingly, the writ petition is dismissed. October 6, 2025 A. Tripathi HABC No. 898 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad