GANESH JAISWAL AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
HABC/269/2025 · 2025-04-09
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37702 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37702 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52462 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 269 of 2025 Petitioner :- Ganesh Jaiswal And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. The present writ petition has been filed seeking the issuance of a writ of habeas corpus to secure the release of petitioner nos. 2 and 3, from the alleged unlawful custody of respondent nos. 4 and 5.
2. Learned counsel for the petitioners submits that the marriage between petitioner no. 1 and petitioner no. 2 was solemnized in the year 1975, and since then, they had been residing together peacefully. It is further submitted that in the year 2022, the father of petitioner no. 2 allegedly came and forcibly took her, along with their minor daughter, to his residence. It is contended that petitioner nos. 2 and 3 are being unlawfully detained by respondent nos. 4 and 5. In light of these circumstances, the present petition has been filed under Article 226 of the Constitution of India seeking appropriate relief.
3. In view of the admitted position that petitioner no. 2 is the legally wedded wife of petitioner no. 1, the matter prima facie appears to arise out of a matrimonial dispute. Considering the nature of the grievance, the petitioners have an equally efficacious remedy available under the family law jurisdiction. Hence, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution in the present case.
4. The petition is accordingly dismissed, with liberty to the
petitioners to avail such other appropriate remedies as may be available to them under the law. Order Date :- 10.4.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad