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2025 DAILYLAW 191079 (ALL)

ALOK YADAV AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

HABC/929/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 929 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State, and perused the record. 2. The present petition has been filed by petitioner no.1 seeking a direction from this Court to the respondents to produce petitioner no.2- the corpus- whom he claims to be his legally wedded wife. It is alleged that she has been illegally detained by respondent nos.4 to 7. 3. It is contended in the petition that respondent no.4 is the real sister of the corpus (petitioner no.2), respondent nos.5 and 6 are her real brothers, while respondent no.7 is the brother-in-law (jija) of petitioner no.2 and that they have unlawfully restrained her against her will. 4. On the other hand, learned A.G.A. submits that the dispute between petitioner nos.1 and 2 appears to be of a matrimonial nature, and as such, the present habeas corpus petition is not maintainable. 5. Per contra, learned counsel for the petitioner submits that no matrimonial dispute is pending between the parties before any court. It is further submitted that petitioner no.2 is a major, approximately 30 years of age, and that a child has been born out of the wedlock. It is argued that if the corpus is in the custody of her siblings without her free consent, it would amount to illegal detention. 6. Having considered the submissions advanced and upon perusal of the record, this Court finds no ground to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in the facts of the present case. Versus Counsel for Petitioner(s) : Triloki Nath Counsel for Respondent(s) : G.A. Alok Yadav And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) The corpus, being a major, is at liberty to reside wherever she wishes. The petitioner has not been able to make out a clear case of illegal detention. 7. Accordingly, the present petition is found to be devoid of merit and is, hereby, dismissed. October 14, 2025 Anil K. Sharma HABC No. 929 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad