RASHID ALIAS RINKU AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/284/2025 · 2025-04-22
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38923 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38923 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60853 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 284 of 2025 Petitioner :- Rashid Alias Rinku And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babita Upadhyay,Sanjeev Kumar Gaur Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
2. The present writ petition has been filed seeking the issuance of a writ of habeas corpus to secure the release of petitioner no.2 from the alleged unlawful custody of respondent no. 4.
3. Learned counsel for the petitioner no. 1 submits that petitioner no.2 is the legally wedded wife of petitioner no.1. Their marriage was solemnized on 30.04.2024 in accordance with Muslim 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.1 and forcibly took away petitioner no.2 (corpus) with him. It is contended that petitioner no. 2 are being unlawfully detained by respondent no. 4, in light of these circumstances, the present petition has been filed under Article 226 of the Constitution of India seeking appropriate relief.
4. Per contra, Shri Kuldeep Singh Chauhan, learned A.G.A. states that the corpus was minor at the time of incident, therefore, no indulgence is warranted.
5. In view of the fact that petitioner no. 2 has been residing with her parents willingly, therefore, 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.
6. 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 :- 23.4.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad