Neutral Citation No. - 2025:AHC:72928 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 326 of 2025 Petitioner :- Smt. Aalhamra Corpus And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Mishra,Jitendra Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned counsel for respondent Nos. 4 to 7, as well as the learned Additional Government Advocate representing the State respondents. 2. The present writ petition has been filed seeking a direction to the respondent authorities to produce petitioner no.1 (the corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent nos. 4 to 7, who are stated to be the father and brothers of the corpus. 3. Learned counsel for the petitioners submits that petitioner No.1 is the legally wedded wife of petitioner No.2. Their marriage was solemnized on 10.12.2024 in accordance with Muslim rites and customs. It is further alleged that respondent Nos. 4 to 7, being aggrieved by the said marriage, forcibly took petitioner No.1 from his residence on 25.03.2025. It is further stated that petitioner no.2 was threatened with dire consequences in case he made any attempt to contact or visit respondent nos. 4 to 7. 4. On the other hand, learned counsel for the private respondents submits that respondent no.4 has lodged FIR No. 0033 of 2025, under Sections 137(2) and 87 B.N.S. at Police Station Delhi Gate, District Aligarh, against petitioner No.2 alleging that petitioner No.2 had earlier married with elder daughter of respondent no.4 on 16.12.2024, and subsequently enticed away her younger daughter. It is further contended that petitioner no.1 has voluntarily left the house of petitioner No.2 and is presently residing with her parents out of her own sweet will. 5. Learned Additional Government Advocate has opposed the petition and submits that the extraordinary remedy of habeas corpus is not maintainable in matters involving matrimonial discord or disputes arising out of failed or controversial marital relationships, especially where there is no prima facie evidence of unlawful detention or illegal confinement. 6. Upon a careful perusal of the pleadings and materials available on record, and considering the arguments advanced by both sides, it prima facie appears that the petition has been filed by petitioner No.2 with oblique motives. The writ petition lacks specific averments and appears to be vague and ill-founded. The record supports the version of the respondents that petitioner no.1 left the matrimonial home out of her own sweet will and is presently residing with her family. There is no substantive material placed before the Court to establish that petitioner No.1 is under illegal restraint or confinement warranting issuance of a writ in the nature of habeas corpus. 7. In view of the above, the writ petition is found to be devoid of merit and is accordingly dismissed, with costs of Rs. 25,000/- to be deposited by petitioner No.2 with the District Legal Services Authority, Prayagraj, within one month from the date of this order. In case of default, the District Magistrate, Prayagraj shall recover the said amount as arrears of land revenue and submit a compliance report before the Chief Judicial Magistrate, Prayagraj within a period of three months thereafter. Order Date :- 28.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad