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2025 DAILYLAW 84348 (ALL)

YOGENDRA AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

HABC/735/2025 · 2025-09-07

Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 735 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners and learned A.G.A. appearing for the State-respondents. 2. The present writ petition has been instituted by petitioner no. 1 (husband), seeking issuance of a writ of habeas corpus for the release of petitioner nos. 2 and 3, who are alleged to be in the unlawful custody of respondent nos. 2 and 3. 3. Upon interaction with petitioner no. 1, it emerges that matrimonial disputes between the parties are already pending consideration before the appropriate forum. In the given circumstances, no cogent ground has been made out to justify the prayer for release of the alleged corpus, particularly when petitioner no. 2 is residing with her parental family. 4. As asserted, petitioner no. 2 is the legally wedded wife of petitioner no. 1. However, the dispute raised herein prima facie arises out of matrimonial discord. Considering the nature of grievance, the issues involved are essentially within the ambit of matrimonial and family law. The petitioners, therefore, have an equally efficacious and adequate remedy available under the relevant statutory provisions, including recourse before the competent family court. In view of the settled legal position, the extraordinary jurisdiction of this Court under Article 226 of the Constitution is not liable to be invoked in the facts of the present case. 5. Accordingly, the writ petition stands dismissed. However, liberty is reserved to the petitioner no. 1 to pursue such other appropriate remedies as may be available to them under law, before the competent forum. September 8, 2025 Shafique Versus Counsel for Petitioner(s) : Dharmendra Singh Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Yogendra And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad