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2025 DAILYLAW 131429 (ALL)

MRIDULA PANDEY THRU. HER HUSBAND ABHINENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

HABC/106/2025 · 2025-04-03

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18463 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 106 of 2025 Petitioner :- Mridula Pandey Thru. Her Husband Abhinendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Jay Kumar Soni,Anurag Singh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Anurag Singh, learned counsel for the appellant and learned AGA. Learned AGA raised a preliminary objection that this Habeas Corpus petition is not maintainable as the petitioner has a remedy under Hindu Marriage Act because as per own case of the petitioner the detenue and the deponent had married in the year 2022 and since then they were living together. The relation of the deponent with the detenue and his in-laws was also cordial. However, in February 2025, on a call from the in-laws house, she went to meet her family members. Thereafter she has not come back and therefore the question of unlawful detention does not arise. Learned counsel for the petitioner could not dispute the aforesaid objection raised by learned AGA. However, he submits that the wife of the petitioner is not meeting him despite repeated asking. The phone of the detenue has also been switched off and despite an application given by the petitioner in the police station, she is not ready to come to the police station even for talk. In view of above, it appears that there is some family dispute, on account of which the detenue has went to her maika. Therefore the question of unlawful detention does not arise and the remedy lies somewhere else. The petition is misconceived and not tenable in the eyes of law. The petition is, accordingly, dismissed with liberty to avail the appropriate remedy as may be available in law. Order Date :- 3.4.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench