Habeas corpus petition challenging custody of petitioner dismissed. Court found no detention as petitioner lives freely with husband, having returned voluntarily.
Petition dismissed; petitioner remains in custody of husband.
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Court No. - 85
Case :- HABEAS CORPUS WRIT PETITION No. - 421 of 2022
Petitioner :- Sadhna Singh (Corpus) And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Priyavrat Tripathi Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed with a prayer to issue a direction in the nature of habeas corpus directing the respondents No. 2 and 3 to produce the corpus/petitioner no. 1 before this court and she may be handed over in the custody of petitioner no. 2.
From the perusal of the statement of petitioner No. 1 Sadhna Singh given before the S.H.O., Police Station Jaithra, District Etah, it transpires that corpus has gone with her husband to her father's house on the occasion of her brother's marriage. Further she stated that on account of demand of her jewellery some hot talk taken place between her husband and father and thereafter she came back with her husband in her in-law house. She has not been detained in her in-law's house, she is living with her sweet will with her husband.
Considering the facts and statement of the corpus, this petition has not no force and is hereby dismissed.
Order Date :- 5.9.2022 RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.09.06 17:33:04 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether habeas corpus petition has force given the petitioner is living with her sweet will with her husband.
Sadhna Singh
Another
State Of U P
4 Others
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
