GAGAN PRASAD AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/842/2025 · 2025-09-15
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96406 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96406 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 842 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners as well as the learned Additional Government Advocate appearing on behalf of the State-respondents. 2. The present writ petition has been preferred with a prayer for issuance of a direction to the respondent authorities to produce petitioner no.2 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent no. 4. 3. Learned counsel for the petitioners submits that petitioner no. 2 (wife) and petitioner no. 1 (husband) were acquainted with each other, developed a relationship, and subsequently solemnized their marriage on 18.08.2025 at Arya Samaj Mandir, Delhi, in accordance with Hindu rites and customs, and have also obtained a marriage certificate in this regard. It is further submitted that respondent no. 4 (father of corpus), being aggrieved by the said marriage, allegedly came to the house of petitioner no. 1 on 06.09.2025 and forcibly took away petitioner no.2 (corpus) with him. It is also alleged that petitioner no. 1 was threatened with dire consequences if he attempted to contact or approach respondent no. 4. 4. Per contra, learned Additional Government Advocate submits that petitioner no. 1 has fraudulently solemnized marriage with petitioner no. 2 (corpus) by misleading her and obtaining her consent by deceitful means. The marriage is also not registered under Hindu Marriage Act, 1955. 5. The writ of habeas corpus is an extraordinary and prerogative remedy intended to provide immediate relief in cases of illegal or unlawful detention. It is not a remedy available as a matter of course, particularly in matrimonial disputes where other legal remedies under civil and criminal Versus Counsel for Petitioner(s) : Angad Yadav, Mahender Pal Singh Yadav Counsel for Respondent(s) : G.A. Gagan Prasad And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
law are open to the aggrieved party. 6. In the present case, upon perusal of the record produced by the learned A.G.A., it is evident that petitioner no. 1 has allegedly entered into marriage with petitioner no. 2 (corpus) by deceitful means, and further, the said marriage is not shown to be registered in accordance with the provisions of the Hindu Marriage Act, 1955. The petitioner no.
1 has suppressed material facts and placed incorrect information before this Court to give a colour of legality to the said marriage. The material on record also indicates that petitioner no.2 is presently residing with her father out of her own sweet will. The petitioners have failed to establish any unlawful detention or illegal restraint upon the liberty of petitioner no. 2. In the absence of any prima facie material suggesting coercion or confinement, no ground is made out for invocation of the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India. 7. Accordingly, the present writ petition stands dismissed being devoid of merit. September 16, 2025 A. Tripathi HABC No. 842 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad