SMT KUMKUM (CORPUS) v. THE STATE OF UP AND 5 OTHERS
HABC/386/2025 · 2025-05-26
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57638 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91141 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 386 of 2025 Petitioner :- Smt Kumkum (Corpus) Respondent :- The State Of Up And 5 Others Counsel for Petitioner :- Ganesh Kumar Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Mr. Ambrish, Advocate holding brief of Sri Ganesh Kumar Verma, learned counsel appearing for the husband of petitioner, learned A.G.A. for the State and perused the record.
2. The present Habeas Corpus Writ Petition has been filed with a prayer to issue a writ, order or direction in the nature of Habeas Corpus directing the respondent nos.2 to 6 to produce the corpus before this Court which is illegally detained by respondent nos.4 to 6.
3. As per the instructions received by learned AGA, the petitioner (corpus) is residing with respondent nos.4 to 6 and has not been illegally detailed. She does not want to go with her husband Khajan Singh.
4. Considering the aforesaid fact, as the corpus is not illegally detained by the respondent nos.4 to 6, the petition is hereby dismissed. However, the petitioner is at liberty to seek appropriate remedy available under Section 9 of the Hindu Marriage Act, 1955 for the restitution of conjugal rights. Order Date :- 27.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad