Habeas corpus petition regarding illegal detention by the husband of the corpus. Court found corpus voluntarily left husband and resides with sons. Petition dismissed.
Writ of habeas corpus directing custody of corpus to petitioner is not granted.
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Neutral Citation No. - 2023:AHC:141595
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 364 of 2023
Petitioner :- Smt. Ganga Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- G.A.,Rakesh Pati Tiwari
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Preet Pal Singh Rathore, learned counsel for the petitioner, learned A.G.A. for the State, Sri Rakesh Pati Tiwari, learned counsel for respondent nos.5, 6 & 7 and perused the record.
This habeas corpus petition has been filed on behalf of Smt. Ganga Devi (corpus) through her husband with the allegation that corpus is illegally detained by respondent nos.5 to 7, who are sons of corpus.
In compliance of order dated 24.5.2023 the corpus namely, Smt. Ganga Devi is present before the Court.
On being asked, the corpus, namely, Smt. Ganga Devi states that she has been tortured by her husband, namely, Kishan Pal Singh, who is petitioner in the present petition. She further states that she voluntarily left the house of her husband and is willingly residing with her sons, who are respondent nos.5 to 7.
In view of the statement of corpus, namely, Smt. Ganga Devi, she may not be considered to be in unlawful confinement of respondent nos.5 to 7 and there is no sufficient ground for issuing writ of habeas corpus directing the custody of corpus to petitioner. The petition has no force and is liable to be dismissed.
The present habeas corpus petition is dismissed, accordingly.
Order Date :- 17.7.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petition is infected with contents that render it liable to be thrown out on merits.
Smt. Ganga Devi
State Of U.P.
Kishan Pal Singh
Respondent No. 5
Respondent No. 6
Respondent No. 7
Vipin Chandra Dixit
As recorded by the court registry
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