Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 943 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
2. The present writ petition has been filed by the petitioner (husband of the alleged corpus, Smt. Nidhi), seeking a direction to the respondent authorities to secure the production of the corpus, who is alleged to be in the illegal custody of respondent no. 4, and to release her in his favour.
3. Learned counsel for the petitioner submits that the marriage between the petitioner and the corpus was solemnized on 02.02.2022 according to Hindu rites and rituals. It is further submitted that the corpus was residing happily with the petitioner after marriage, but on 23.04.2025, she left the matrimonial home taking along with her certain ornaments and cash amounting to Rs. 50,000/-. It is alleged that thereafter, the corpus has been detained by her employer, with whom she is stated to have developed an extramarital relationship.
4. Upon consideration of the submissions advanced and perusal of the record, this Court finds that the custody of the corpus with respondent no. 4 cannot, prima facie, be said to be illegal or unlawful. The allegations levelled by the petitioner involve disputed questions of fact, which cannot be adjudicated in the exercise of writ jurisdiction.
5. In view of the aforesaid, this Court finds no ground to entertain the present writ petition. Accordingly, the writ petition, being devoid of merit, stands dismissed, with liberty to the petitioner to approach the competent Court for seeking custody of the corpus, if so advised. October 17, 2025 Shafique Versus Counsel for Petitioner(s) : Sharad Kumar Singh Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Smt. Nidhi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad