SMT. LAXMI SINGH THRU. HUSBAND SATENDRA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
HABC/175/2025 · 2025-05-30
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140057 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33886 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 175 of 2025 Petitioner :- Smt. Laxmi Singh Thru. Husband Satendra Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Manoj Kumar Singh,Dadu Ram Shukla (D.R. Shukla ) Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J.
1. Shri Prince Singh, Advocate has filed his Power on behalf of respondent no.5, which is taken on record.
2. In deference to the order dated 16.05.2025 passed by this Court, the detenue Smt. Laxmi Singh along with Km. Ananya Singh is present, who have been brought by Shri Devendra Pratap Singh, Sub-Inspector and Ms. Usha Manjhi, Lady Constable, Police Station - Asandra, District - Barabanki.
3. On a query, the alleged detenue no.1 Smt. Laxmi Singh states that she, on account of beating by her husband Satendra Singh after drinking liquor, had left the home and went to the house of her parents. However, the parents forced her to go to the house of in-laws, therefore, she left the house of the parents also and the respondent no.5 met at railway station, who helped her and now she is residing with him and she is happy there. She categorically states that she does not want to go with her husband. She also states that she has not asked for filing this petition.
4. Learned counsel for the respondent no.5, on the basis of instructions, submits that the parents of the alleged detenue had
also come and they said that wherever she wants to live, she may go.
5. In view of above, it is apparent that there is some family dispute between the husband and the wife, for which remedy lies somewhere else but it is apparent that this habeas corpus petition is not maintainable because in view of the aforesaid statement of the alleged detenue, it cannot be said that she is in unlawful custody.
6. In view of above, the petition is misconceived and lacks merits. This petition is, accordingly, dismissed. Order Date :- 30.5.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench