SURENDRA KUMAR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
HABC/339/2025 · 2025-04-29
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44930 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44930 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67086 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 339 of 2025 Petitioner :- Surendra Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar 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 no. 4- the father of corpus.
2. Learned counsel for the petitioner no. 1 submits that petitioner no. 2 (corpus) is legally wife of petitioner no. 1 and petitioner no. 3 (corpus) is his son born out of the said wedlock. It is contended that they have been illegally detained by his father-in-law, 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. 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 :- 30.4.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad