Disposes habeas corpus petition where corpus stated she voluntarily left husband's house due to torture and resides with respondent No.4, dismissing petition as no illegal confinement exists.
Habeas corpus writ petition dismissed; Registrar General requested to hand over bank draft of Rs.25,000/- to corpus.
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Neutral Citation No. - 2023:AHC:162754
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 448 of 2023
Petitioner :- Smt. Jyoti Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kirti Kumar Nirkhi,Shobhit Saxena Counsel for Respondent :- G.A.,Ram Ashish Pandey
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners, 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 Smt. Jyoti Kushwana through her husband Braj Mohan Kushwahapetitioner no.2 with the allegation that corpus is illegally detained by respondent no.4.
In compliance of order dated dated 21.7.2023, corpus has been produced by respondent no.4. On being asked, she states that she has voluntarily left the house of her husband-Braj Mohan Kushwaha on account of being tortured by him. She is presently residing with respondent no.4 and she is not willing to go with her husband.
In view of the statement of corpus, she cannot be said to be in illegal confinement. No cause of action survives, this habeas corpus writ petition is dismissed .
Registrar General, High Court, Allahabad is requested to hand over the bank draft of Rs.25,000/- to the corpus which was deposited by petitioner no.2 in the name of corpus in compliance of order dated 21.7.2023.
Order Date :- 11.8.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether corpus who voluntarily left her husband's house and is residing with respondent No.4 is illegally detained.
Smt. Jyoti Kushwaha
Braj Mohan Kushwaha
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
