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2025 DAILYLAW 137884 (ALL)

SMT. PRIYANKA SINGH THRU . HER HUSBAND SARVAJEET SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

HABC/151/2025 · 2025-05-02

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25285 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 151 of 2025 Petitioner :- Smt. Priyanka Singh Thru . Her Husband Sarvajeet Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Ajay Kumar Pandey,Neetu Mishra Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Ajay Kumar Pandey, learned counsel for the petitioner and learned A.G.A. This habeas corpus petition has been filed alleging that the detenue, who is aged about 36 years, is in the custody of the respondent no.5, who is her brother. Admittedly a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was filed by the detenue Sarvajeet Singh, who is husband of the petitioner bearing Regular Suit No.722 of 2023; Sarvjeet Singh Versus Priyanka Singh which has been decreed by the Principal Judge, Family Court, Sultanpur by means of the judgment and decree dated 16.12.2024. In view of above, it cannot be said that the detenue is in unlawful custody as she is major and there is a decree in favour of the petitioner, for execution of which the appropriate remedy may be availed by the petitioner. With the aforesaid the petition is dismissed. . . .................. .......................................(Rajnish Kumar,J.) Order Date :- 2.5.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench