GUDIYA DEVI v. STATE OF UTTAR PRADESH AND 3 OTHERS
HABC/246/2025 · 2025-04-21
Vinod Diwakar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35036 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60848 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 246 of 2025 Petitioner :- Gudiya Devi Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prashant Drivedi Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner 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 respondents authorities to produce petitioner Gudiya Devi (corpus) aged about 18 years before this Court and to set her at liberty from the alleged illegal custody of respondent no. 4, the alleged husband. 3. Learned counsel for the petitioner submits that essentially the matter pertains to matrimonial dispute. The corpus Gudiya Devi is the daughter of petitioner and she has been illegally detained by the respondent no.4. The petitioner is not permitted by the respondent no.4 to interact with her daughter. The petitioner's daughter is under coercion and threat and was minor at the time of incident. Pursuant to which, an FIR case crime no. 0077 of 2024, under Sections 363, 366 IPC, registered at P.S. Karari, District Kaushambi was also registered making respondent no.4 as an accused with the allegation that respondent no.4 has enticed the petitioner's daughter and kept her with him forcefully. 4. Per contra, learned A.G.A. submits that after registration of
FIR, the statement of corpus was recorded under Section 164 Cr.P.C., wherein she has stated that she was in love with the respondent no.4 and solemnized marriage in accordance with Hindu rites and customs and she is living happily with her husband-respondent no.4. 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 petitioners have failed to demonstrate any such unlawful detention or illegal restraint on the liberty of corpus Gudiya Devi. On perusal of statement, recorded under Section 164 Cr.P.C., the corpus herself has stated that she was in love with respondent no.4 and they have solemnized marriage and living happy married life.
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