This habeas corpus petition claimed illegal detention of the wife by her parents. The court dismissed the petition on preliminary objections, holding that voluntary residence with parents and pending maintenance/domestic violence complaints negated the cause of action.
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Neutral Citation No. - 2023:AHC:145175
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 458 of 2023
Petitioner :- Smt. Isha Saxena (Corpus) And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar,Mohd Rehan Ansari Counsel for Respondent :- G.A.,Abhinab Mishra
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the parties and perused the record.
This habeas corpus writ petition has been filed on behalf of Smt. Isha Saxena (corpus) through her husband petitioner no. 2 namely Aman Anand with the allegation that the corpus has been illegally detained by respondent nos. 4 to 6 who are mother, father and maternal uncle of corpus respectively.
Learned counsel appearing on behalf of corpus as well as respondent nos. 4 to 6 has raised preliminary objection that the present habeas corpus writ petition has been filed by petitioner no. 2 on behalf of corpus petitioner no. 1 by concealing the material facts. It is further submitted that there is matrimonial dispute between the husband petitioner no. 2 and wife petitioner no. 1 (corpus) and petitioner no. 1 has voluntarily left the house of her husband. He further states that corpus wife had already filed an application under Section 125 Cr.P.C. against her husband for claiming maintenance and has also filed a complaint under the provisions of Domestic Violence Act.
In view of above, since the corpus voluntarily resides with her parents and has also filed cases against her husband, the corpus could not be said to be in illegal confinement of respondent nos. 4 and 6.
No cause of action survives in the present habeas corpus writ petition and the same is liable to be dismissed.
The habeas corpus writ petition is dismissed, accordingly.
Order Date :- 20.7.2023 sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
3 issues framed by the court
Whether a habeas corpus writ petition can survive when the person claimed to be detained has voluntarily resided with her parents and filed complaints against the petitioner.
Whether the filing of a Section 125 Cr.P.C. application and domestic violence complaint negates the claim of illegal confinement.
Whether the present habeas corpus petition is liable to be dismissed on preliminary objections.
1 provisions across 1 enactments
Smt. Isha Saxena
Aman Anand
State Of U.P.
Unnamed Daughter (Respondent 4)
Unnamed Father (Respondent 5)
Unnamed Maternal Uncle (Respondent 6)
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
