Dismissed

Smt. Shweta Singh Thru. Her Husband Suneel Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Allahabad HC4 Jul 2023/90/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the habeas corpus petition filed by a husband regarding his wife who had voluntarily left him. The Court found no case of illegal detention and viewed the filing as an attempt to harass the petitioner given a pending restitution petition.

What did the court decide?

Petition dismissed with cost of Rs. 50,000/- directed to be recovered through District Magistrate if not paid within fifteen days.

Smt. Shweta Singh Thru. Her Husband Suneel Kumar… — Writ and Judicial Review | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:42661

¶2

Court No. - 13

¶3

Case :- HABEAS CORPUS WRIT PETITION No. - 90 of 2023

¶4

Petitioner :- Smt. Shweta Singh Thru. Her Husband Suneel Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Sachindra Dwivedi,Shivam Srivastava

¶5

Counsel for Respondent :- G.A.

¶6

Hon'ble Karunesh Singh Pawar,J.

¶7

Heard Shri Awadhesh Kumar Singh learned Advocate holding brief of Shri Sachindra Dwivedi learned counsel for the petitioner and learned A.G.A. for the State as well as Ms. Vineeta Pandey, learned Advocate who has filed vakalatnama which is taken on record on behalf of respondent no. 4 and 5.

¶8

In compliance of the order dated 24.03.2023, the detenue Smt. Shweta Singh has been produced by Sub Inspector Shailendra and lady Constable Anchal Singh along with Ram Bux Singh (respondent no. 4) and Smt. Asha Singh (respondent no. 5).

¶9

The detenue who is Assistant Teacher in a primary school at Bhauriganj, District Gonda, upon a query, has stated that she on her own accord and free will is residing with her parents and it is not possible in the current situation to live with her husband i.e. Suneel Kumar Singh. She has further stated that she has not been illegally detained.

¶10

She has further informed that Suneel Kumar Singh is presently posted as Land Revenue Officer at Tehsil Sarojini Nagar, District Lucknow.

¶11

Upon a query being put to learned counsel appearing for the petitioner regarding filing of frivolous petition since she was not willing to live with the petitioner, he has given very lame excuse for filing of the petition.

¶12

In view of the statement given by the detenue Shweta Singh, it is clear that it is not a case of illegal detention. This Court is of the view that a frivolous petition has been filed only to harass the detenue when already a petition under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights is pending as stated in para 9 of the petition which is admitted by the detenue also.

¶13

Hence, the petition is dismissed with a cost of Rs. 50,000/-.

¶14

Suneel Kumar Singh is directed to give Rs. 50,000/- to his wife Ms. Shweta Singh within fifteen days from today, failing which, the District Magistrate, Lucknow shall recover Rs. 50000/- from the petitioner as an arrears of Land Revenue which shall be given to Ms. Shweta Singh. This recovery shall be made within a further period of three months.

¶15

Order Date :- 4.7.2023 R.C.

¶16

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shweta Singh Thru. Her Husband Suneel Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Smt. Shweta Singh Thru. Her Husband Suneel Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar Singh S/O Babu Singh (Third Bail) Vs State of U.P. Thru. Prin. Secy. Home Lko.

Prem Chandra Alias Prem Chandra Vishwakarma Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Smt. Kamla, Thru. Her Husband Makrand Vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Home, Lko. and Others

Bhaskar Nath Mishra Vs State of U.P.

Saiyad Taha Thru. His Father Saiyad Mohammad Shahid Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Aarti Thru. Her Father Ramu Vs State of U.P Thru. Its Secy. Home Deptt. Lko. and Others