High Court dismissed a habeas corpus petition filed on behalf of Smt. Tabassum Naz alleging illegal detention by her father. Since the corpus stated she resides happily with her husband, no cause of action survived.
Petition dismissed without cause of action surviving.
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Neutral Citation No. - 2023:AHC:147794
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 276 of 2023
Petitioner :- Smt. Tabassum Naz And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Yadav,Mukul Yadav Counsel for Respondent :- G.A.,Mirza Faheem Beg
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Rajesh Yadav, learned counsel for the petitioners, Sri Mirza Faheem Beg, learned counsel for respondent no.4 and learned AGA appearing for respondent nos. 1 to 3.
This habeas corpus writ petition has been filed on behalf of corpus Smt. Tabassum Naz through her husband Wahid Hussain-petitioner no.2 with the allegation that corpus is illegally detained by respondent no.4 who is father of corpus.
In compliance of order dated 5.5.2023, corpus Tabassum Naz is present before the Court. On being asked, she states that marriage was solemnized with petitioner no.2-Wahid Hussain and she presently resides with petitioner no.2 as wife. She further states that there is no dispute between the parties and both the petitioners now happily reside as wife and husband.
In view of the statement of corpus namely Tavassum Naz that she resides happily with petitioner no.2 who is her husband, no cause of action survives.
The habeas corpus writ petition is dismissed.
Registrar General, High Court, Allahabad is requested to hand over the bank draft of Rs. 50,000/- deposited by the petitioner no.2, to corpus Tabassum Naz today itself.
Order Date :- 25.7.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the cause of action survives the statement of the corpus that she resides happily with her husband.
Smt. Tabassum Naz
Wahid Hussain
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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