AARATI KUMARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
SPLA/447/2025 · 2025-05-29
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93177-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 447 of 2025 Appellant :- Aarati Kumari and another Respondent :- State of U.P. and 3 others Counsel for Appellant :- Dheeraj Kumar Dwivedi, Shiv Shanker Pandey Counsel for Respondent :- C.S.C., Jagdish Pathak (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J.
1. This appeal is directed against the order dated 15.04.2025 passed by learned Single Judge wherein the petition in the nature of habeas corpus filed by the appellant No.2 seeking to allege that appellant No.1 - his wife is in illegal custody of respondent No.4 has been dismissed.
2. Under the directions of the Court, the appellant No.1 was produced before the learned Single Judge, who indicated that she is major and was not in illegal custody of respondent No.4 and that allegations made in the petition were unfounded. Based on the said statement, the petition filed by the petitioners was dismissed and the corpus was directed to be set at liberty to go to the place of her choice.
3. Learned counsel on behalf of the appellant No.2 attempted to make submissions alleging that custody of appellant no.1 with the respondent no.4 is illegal, however, it is not denied that appellant no.1 had appeared before the learned Single Judge and had made the statement as recorded in the order impugned.
4. In view of the above fact situation wherein the corpus who was alleged to be in wrongful custody of respondent no.4, herself has
appeared before the Court and indicated that the allegations made are unfounded, it cannot be said that learned Single Judge was not justified in dismissing the writ petition.
5. Consequently, we do not find any reason to interfere with the
order impugned.
6. The appeal has no substance, the same is, therefore, dismissed.
Order Date :- 30.5.2025 RK/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad