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2026 DAILYLAW 6802 (ALL)

RAKESH KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/1218/2026 · 2026-09-10

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1218 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. Heard learned counsel for the petitioners and learned AGA for the State. Learned counsel for the petitioners submits that the corpus, Smt. Sadhana, is the wife of petitioner no.1, Rakesh Kumar, whose marriage with the corpus was solemnized on 27.04.2016, and out of the said wedlock, two children have also been born. It is submitted that presently the corpus-wife is in the illegal detention of respondent no.4, Smt. Munni Devi, who is the mother-in- law of petitioner no.1, Rakesh Kumar. Per contra, learned AGA, on the basis of the instructions received, submits that the marriage of petitioner no.1 with Smt. Sadhana was solemnized about ten years ago and two children have also been born out of the said wedlock. However, due to matrimonial discord, the corpus-wife left her matrimonial home alongwith her two minor children and is voluntarily residing with her mother. Learned AGA further submits that there is no material on record to presume that the corpus-wife is in the illegal detention of any person. I have heard learned counsel for the parties and perused the documents annexed with the writ petition as well as the instructions received by learned AGA. From the instructions received by learned AGA, it is apparent that the matter was duly investigated and it was found that there is a matrimonial dispute between petitioner no.1 and his wife, Smt. Sadhana, due to which she has left her matrimonial home alongwith her two minor children and is presently residing voluntarily with her mother. There is no evidence on record to Versus Counsel for Petitioner(s) : Ashish Kumar Mishra Counsel for Respondent(s) : G.A. Rakesh Kumar And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) presume that she is in the illegal detention of any person. In view of the aforesaid facts and circumstances, no ground is made out for entertaining the instant habeas corpus petition. The petition is, accordingly, dismissed. September 11, 2026 Mayank HABC No. 1218 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad