SMT. RUQAIYA SIDDIQUI, THRU. HER HUSBAND FAIZ ALI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 4 OTHERS
HABC/52/2025 · 2025-02-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124264 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124264 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10392 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 52 of 2025 Petitioner :- Smt. Ruqaiya Siddiqui, Thru. Her Husband Faiz Ali Respondent :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Irfan Alam Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the petitioner and learned AGA for the State.
2. The present petitioner has been filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties to produce the petitioners/detenue, before this Hon'ble Court forthwith, and release detenue/petitioner in the favour of deponent. (ii) Issue any other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case in favour of the petitioners/detenue. (iii) Allow the writ petition of the petitioner/detenue in favour of the detenue/petitioner."
3. Learned counsel for the petitioner has submitted that the marriage/nikah of detenue was solemnized with deponent of the present case on their own will but the said marriage was not being accepted by the family members of detenue. He has further submitted that family members of the detenue came to the house of deponent and informed that mother of the detenue is not well, thereafter, detenue went to her maternal home to visit her mother but now she is not being allowed to return to house of deponent. Therefore, kind indulgence of this Court is necessary.
4. Learned AGA has vehemently opposed the aforesaid
contentions and submitted that in the complaint which is annexed at Annexure No.4 to the petition, it is mentioned that threat was also given to the deponent by private respondent. He has further drawn attention of this Court on Section 100 of
BNSS and submitted that appropriate remedy is available to the deponent i.e. filing of petition for restoration of conjugal rights under Section 100 of BNSS. He has also relied on the decision of this Court in the case of Jaishree and Ors. Vs. State of UP and Ors. reported in 2024 SCC OnLine ALL 162 and requested that the present application may be dismissed.
5. Considering the submission of learned counsel for the parties, going through the petition as well as other relevant documents, it is evident that statutory remedy is available to the deponent under Section 100 of BNSS.
6. In view of the above, the present petition being devoid of merits is accordingly dismissed.
Order Date :- 18.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench