Petitioners filed habeas corpus alleging illegal detention of Kulveer by his father. Corpus filed counter affidavit denying detention and marriage. Court held no cause of action survives and dismissed petition.
The writ petition was dismissed.
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Neutral Citation No. - 2023:AHC:141910
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 1004 of 2022
Petitioner :- Priyanka And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nasim Uddin,Hardev Prajapati Counsel for Respondent :- G.A.,Rajiv Sisodia
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Hari Om Rai, Advocate holding brief of Sri Hardev Prajapati, learned counsel for the petitioners, Sri Rajiv Sisodia, learned counsel for respondent No.4 and learned AGA appearing for respondent nos. 1 to 3.
This habeas corpus petition has been filed on behalf of corpus Kulveer(petitioner No.2) through his wife Smt. Priyanka-petitioner no.1 with the allegation that corpus is illegally detained by his father namely, Balveer-respondent no.4 .
Notice was issued to respondent no.4 vide order dated 16.2.2023. As per report of CJM, Amroha, father of corpus died in 2001 and thereafter, Trilok Singh(son of Balveer and brother of corpus) was impleaded as respondent no. 4 and two other persons have been impleaded as respondent nos. 5 & 6.
Counter affidavit on behalf of corpus -Kulveer was filed on 1.5.2023. In paragraph 5 & 6 of the counter affidavit, factum of marriage has been denied by the corpus and it is stated in other paragraphs that he is not illegally detained by anyone.
Since the detention has been denied by the corpus, no cause of action survives. The writ petition is dismissed.
Order Date :- 18.7.2023
P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the habeas corpus petition survives after the corpus denied being illegally detained.
Whether the allegation of illegal detention is established when denied by the corpus in counter affidavit.
Priyanka And Another
State Of U.P.
Trilok Singh
Balveer
Kulveer
Vipin Chandra Dixit
Poonam Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
