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2025 DAILYLAW 38420 (ALL)

SMT. ANJU AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

HABC/268/2025 · 2025-04-09

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52459 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 268 of 2025 Petitioner :- Smt. Anju And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Ashutosh Srivastava,Nagendra Pratap 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 No. 1 from the alleged unlawful custody of respondent No. 4. 2. Learned counsel for the petitioners submits that petitioner no. 1 is the legally wedded wife of petitioner No. 2. It is contended that she has been illegally detained by her father, respondent No. 4. Accordingly, the instant petition has been preferred under Article 226 of the Constitution of India. 3. In view of the admitted position that petitioner no. 1 is the legally wedded wife of petitioner no. 2, 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