Petitioners filed a habeas corpus petition claiming illegal detention arising from a matrimonial dispute. The court found the writ was used as a color for a civil matter and dismissed it, noting civil remedies remain available for custody.
The writ petition is dismissed as not maintainable.
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Court No. - 49
Case :- HABEAS CORPUS WRIT PETITION No. - 191 of 2021
Petitioner :- Juhi Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Smriti,Kamal Krishna Roy Counsel for Respondent :- G.A.
Hon'ble Vivek Agarwal,J.
corpus is not maintainable and is dismissed. However, dismissal of this petition will not preclude petitioner no. 1 from availing of such remedy as may be available to her under civil law and for securing companyship of petitioner no. 2.
Order Date :- 9.9.2021 S.K.S.
1 issue framed by the court
Whether a writ of habeas corpus is maintainable in a matter clearly falling within civil matrimonial disputes involving an adult military personnel not under illegal detention.
Juhi Yadav
Sipahi Mavi Singh
State Of U.P.
Respondent No. 2
Respondent No. 3
Respondent No. 4
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
