SATENDRA PRATAP SINGH AND ANOTHER v. STATE OF U.P. AND 6 OTHERS
HABC/287/2025 · 2025-04-22
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42397 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60884 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 287 of 2025 Petitioner :- Satendra Pratap Singh And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bed Kant Mishra 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.1 from the alleged unlawful custody of respondent nos. 4 to 7-the father and other relatives of the corpus.
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 03.12.2017 in accordance with Hindu rites and customs. It is further submitted that respondent nos. 4 to 7, being aggrieved by the said marriage, allegedly came at the house of petitioner no.1 on 03.08.2018 and forcibly took away petitioner no.2 (corpus) with them. It is contended that petitioner no. 2 are being unlawfully detained by respondent nos. 4 to 7. In light of these circumstances, the present petition has been filed under Article 226 of the Constitution of India seeking appropriate relief.
4. As claimed, the 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.
5. 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