POOJA YADAV @ POOJA THRU. HER HUSBAND MANOJ PANDEY @ MANOJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 6 OTHERS
HABC/9/2025 · 2025-01-15
Mohd Faiz Alam Khan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116738 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2428 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 9 of 2025 Petitioner :- Pooja Yadav @ Pooja Thru. Her Husband Manoj Pandey @ Manoj Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 6 Others Counsel for Petitioner :- Ashok Kumar Maurya,Priyanshi Maurya Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.
2. Learned A.G.A. has placed before this Court a copy of the written instructions provided by the Police Station Baghrai, District Pratapgarh, the same is taken on record. Perusal of the instructions would reveal that the alleged detenue (wife of the petitioner) is living with her free wish and will with her sister Khushbu Yadav in Gujarat. In this regard, a certificate issued by the Village Pradhan as well as a written application given by the brother of the alleged detenue Satyam Yadav has also been enclosed with the report of the concerned police station.
3. It appears to be admitted to the petitioner, as is evident from the submissions made by learned counsel for the petitioner that the alleged detenue is the wife of the petitioner and due to some matrimonial discorded relations she had left her home and is now living at the house of her sister in Gujarat.
4. Thus, it is evident that the alleged detenue, namely, Pooja Yadav @ Pooja has not been illegally detained by anyone and the matter appears to be of discorded matrimonial relations for which the relief lies at the level of the Family Court. Thus, in the considered opinion of this Court, the jurisdiction of habeas corpus has wrongly been invoked by the petitioner and having regard to the reasons mentioned herein-before, the petition appears to have lost its efficacy and is dismissed as such.
5. Mere dismissal of this petition will not preclude the petitioner to avail any other remedy including the remedy of requesting for a decree of Restitution of Conjugal Rights before appropriate Court. Order Date :- 15.1.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench