DIWAKAR PRAJAPATI (CORPUS) AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
HABC/916/2025 · 2025-10-08
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193807 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193807 (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. - 916 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and perused the material available on record.
2. The present writ petition has been filed by the petitioner no.2–wife on behalf of the petitioner no.1- husband (corpus), seeking a direction from this Court to respondent nos.4 to 6, who are father, mother and brother of the corpus, for the immediate production of the corpus–petitioner no.1, who is stated to have in illegal detention.
3. It is submitted by learned counsel for the petitioner no.2 that the respondent nos. 4 to 6 have illegally detained the corpus and are restraining him from joining the petitioner no.2.
4. Upon consideration of the submissions advanced and on perusal of the record, it appears that the allegations made by the petitioner no.2 are primarily of matrimonial, which would require adjudication on facts and evidence. Such issues are more appropriately dealt with by the competent civil or family court. No cogent material has been placed before this Court to establish illegal detention warranting the issuance of a writ of habeas corpus at this stage.
5. In view of the above, this Court does not find it appropriate to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in the present matter at this stage.
6. Accordingly, the writ petition is found to be devoid of merit and is hereby dismissed. Versus Counsel for Petitioner(s) : Shailendra Kumar Singh Counsel for Respondent(s) : G.A. Diwakar Prajapati (Corpus) And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
7. However, it is made clear that the petitioner shall be at liberty to avail appropriate remedies, as may be available to her under law, before the competent forum. October 9, 2025 Anil K. Sharma HABC No. 916 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad