This court dismissed a habeas corpus writ petition filed to challenge alleged illegal confinement. Finding the corpus (wife) voluntarily left her husband's house, reportedly due to ill-treatment, and resided in Gujarat, the court held no cause of action for illegal confinement existed.
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Neutral Citation No. - 2023:AHC:147576
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 130 of 2023
Petitioner :- Manoj Kumar And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Upendra Kumar Tiwari Counsel for Respondent :- G.A.,Ashutosh Vishwakarma,Ram Kumar Malviya,Sudhir Singh Chauhan
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Upendra Kumar Tiwari, learned counsel for the petitioners and learned AGA appearing for respondent nos. 1 to 4. No one is present on behalf of respondent No.5.
In compliance of order dated 7.7.2023, learned AGA has filed counter affidavit annexing the statement of Smt.Nema Devi-petitioner No.2 recorded under Section 164 Cr.P.C. From perusal of statement of corpus recorded under Section 164 Cr.P.C. it is evident that corpus has voluntarily left the house of her husband namely, Manoj Kumar and presently she resides alongwith her children in Gujarat. She further denied her illegal confinement.
Learned counsel appearing for the petitioners does not dispute the statement of corpus recorded under Section 164 Cr.P.C. that corpus namely Smt. Nema Devi has voluntarily left the house of her husband namely, Manoj Kumar and presently she resides alongwith her children in Gujarat.
In view of statement of corpus recorded under Section 164 Cr.P.C., that the corpus left the house of her husband voluntarily, as she was being ill-treated by her husband and presently she resides alongwith her children in Gujarat, the corpus is not said to be in illegal confinement. No cause of action survives. The habeas corpus writ petition is liable to be dismissed.
The habeas corpus writ petition is dismissed .
Since the corpus has not appeared before the Court, the Registrar General, High Court, Allahabad is requested to return the bank draft of Rs.30,000/-to petitioner No.1 namely, Manoj Kumar.
Order Date :- 24.7.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the habeas corpus petition could survive given the corpus voluntarily left the house and resided elsewhere.
Manoj Kumar And 3 Others
State Of U.P. And 4 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
