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2025 DAILYLAW 33376 (ALL)

SMT NEETU YADAV AND ANOTHER v. STATE OF UP AND 3 OTHERS

HABC/245/2025 · 2025-04-21

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60947 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 245 of 2025 Petitioner :- Smt Neetu Yadav And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashish Srivastava Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners as well as the learned Additional Government Advocate appearing on behalf of the State- respondents. 2. The present writ petition has been preferred with a prayer for issuance of a direction to the respondent authorities to produce petitioner no.1 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent no. 4-father of petitioner no.1 (corpus). 3. Learned counsel for the petitioners submits that petitioner no.1 is the legally wedded wife of petitioner no.2. Their marriage was solemnized on 15.02.2023 in accordance with Hindu rites and customs. It is further submitted that respondent no. 4, being aggrieved by the said marriage, allegedly came at the house of petitioner no.2 and forcibly took away petitioner no.1 (corpus) with him. It is also alleged that petitioner no.2 was threatened with dire consequences in case he attempted to contact or visit respondent no. 4. Petitioner no.2 has also submitted a written complaint to concerned police station in this regard. 4. Per contra, learned Additional Government Advocate submits that remedy of habeas corpus is not maintainable, as it cannot be invoked in matters involving matrimonial discord or custody disputes arising out of failed marital relationships, unless there is clear evidence of illegal detention. 5. The writ of habeas corpus is an extraordinary and prerogative remedy intended to provide immediate relief in cases of illegal or unlawful detention. It is not a remedy available as a matter of course, particularly in matrimonial disputes where other legal remedies under civil and criminal law are open to the aggrieved party. 6. In the present case, the petitioner no.2 has failed to demonstrate that petitioner no.1 is in illegal custody of her biological father. In absence of prima facie evidence of coercion or confinement, no case is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. 7. In view of the above, and keeping in mind the alternative remedies available under the appropriate civil and criminal fora, this Court finds no merit in the present writ petition. 8. Accordingly, the writ petition is dismissed. Order Date :- 22.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad