Petitioner filed Habeas Corpus WP concerning restitution of conjugal rights. Court held writ not maintainable based on A.G.A.'s assertion for which petitioner did not contest. Petition dismissed.
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Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 3762 of 2018
Petitioner :- Smt. Laxmi Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Sharma Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Sri Jhamman Ram, learned A.G.A. appearing for the State respondents points out that the matter relates to the year 2018 and as per the assertions in the petition, the grievance being principally related to a claim for restitution of conjugal rights, a petition for a writ of habeas corpus would not be entertainable in the facts of the case. He also points out that despite the order dated 12.10.2018, the petitioners did not take steps for issuance of notice upon opposite party no. 4.
Sri Gaurav Sharma, learned counsel for the petitioners has not been able to dispute the aforesaid contention raised by the learned A.G.A. and states that he does not wish to press the petition.
The petition stands accordingly dismissed.
Order Date :- 8.9.2021 Pratima
(Dr.Y.K.Srivastava,J.)
1 issue framed by the court
Whether a writ of habeas corpus is maintainable in a case involving a claim for restitution of conjugal rights.
Smt. Laxmi Devi
Unknown
State Of U.P.
Unknown
Unknown
Unknown
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
