Dismissed

Smt. Sheetu Devi (Corpus) and Another v. State of U.P. and 3 Others

Allahabad HC25 Jul 2023HABC/408/2023

Case brief

AI extract

What is this about?

This single-paragraph order dismissed a habeas corpus petition alleging illegal detention. The court held that no cause of action existed as the wife had filed for divorce and stated in her counter-affidavit that she left the husband's house voluntarily due to torture and dowry demands.

What did the court decide?

The habeas corpus writ petition was dismissed.

Smt. Sheetu Devi (Corpus) and Another Vs State of U.P… — Domestic Violence | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:148122

¶2

Court No. - 79

¶3

Case :- HABEAS CORPUS WRIT PETITION No. - 408 of 2023 Petitioner :- Smt. Sheetu Devi (Corpus) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neha Rani,Raghvendra Yadav Counsel for Respondent :- G.A.,Digvijay Singh,Sudhir Kumar Singh

¶4

Hon'ble Vipin Chandra Dixit,J.

¶5

Counter affidavit has been filed on behalf of respondent no. 4 is taken on record.

¶6

Heard Sri Raghvendra Yadav, learned counsel for the petitioners, learned A.G.A. for the State, Sri Digvijay Singh, learned counsel appearing on behalf of respondent no. 4 and perused the record.

¶7

This habeas corpus writ petition has been filed on behalf of Smt. Sheetu Devi (Corpus) through her husband petitioner no. 2 namely Atul Kumar with the allegation that the corpus is being illegally detained by respondent no. 4.

¶8

In the counter affidavit filed on behalf of respondent no. 4 the allegations levelled in the petition has been denied. It is also stated in the counter affidavit that the corpus had voluntarily left the house of her husband on being tortured due to non fulfillment of demand of dowry. The corpus has also filed a divorce petition under Section 13 of the Hindu Marriage Act, which was registered as Marriage Petition No. 222 of 2023 (Smt Sheetu @ Sheetala Devi vs. Atul Kumar), in the court of Principal Judge, Family Court, Kasganj. The certified copy of the divorce petition has been filed as Annexure No. CA-1 to the counter affidavit.

¶9

In view of above, since the corpus who is wife of petitioner no. 2 had already filed divorce petition against her husband petitioner no. 2 and does not want to live with her husband / petitioner no. 2, she cannot be said to be in illegal detention. No cause of action survives in the present petition and is liable to be dismissed.

¶10

The habeas corpus writ petition is dismissed, accordingly.

¶11

Order Date :- 25.7.2023/sailesh

¶12

Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Smt. Sheetu Devi (Corpus) and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sheetu Devi (Corpus) and Another v. State of U.P. and 3 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

Manoj Kumar and 3 Others Vs State of U.P. and 4 Others

Reenu (Minor) and 3 Others Vs State of U.P. and 3 Others

Smt. Bisma Farukh (Corpus) Vs State of U.P. and 3 Others

Abhishek Yadav Vs State of U.P. and Another

Smt. Tabassum Naz and Another Vs State of U.P. and 3 Others

Israr Khan Vs State of U.P. and 5 Others