GULAB SINGH @ GOVIND @ DEEPAK AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
HABC/891/2025 · 2025-10-09
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193091 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 891 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner no. 1 and learned A.G.A. appearing for the State-respondents.
2. The present petition, in the nature of habeas corpus, has been filed by petitioner no. 1 (husband), arraying his wife as petitioner no. 2 (corpus), seeking a writ of mandamus directing respondent nos. 2 and 3 to recover the corpus from the alleged illegal custody of respondent nos. 4 and 5.
3. Learned counsel for petitioner no. 1 submits that the corpus, who is his legally wedded wife, has been unlawfully detained by respondent nos. 4 and 5, and hence, he has approached this Court for appropriate relief.
4. Learned A.G.A., on instructions, submits that the mother of the corpus lodged a missing report of her daughter at Police Station Kotwali, District Bulandshahr. During the course of inquiry, the police recorded the statement of the corpus, wherein she stated that she is pursuing a B.Ed. course and was married to one Deepak. Due to matrimonial discord and cruelty inflicted upon her, she left her matrimonial home on 27.08.2025. She further stated that as her parents did not provide her any support, she has been residing in a PG hostel at Gurugram and is also searching for employment to sustain herself. She has clearly expressed her unwillingness to return to her parental home.
5. In view of the categorical statement made by the corpus before the police, indicating that she is residing on her own free will, no case for interference is made out. The petition, being devoid of merits, is accordingly dismissed. October 10, 2025 Shafique Versus Counsel for Petitioner(s) : Vidya Prakash Singh Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Gulab Singh @ Govind @ Deepak And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad