In a habeas corpus petition alleging illegal detention of the wife by her brothers, the High Court observed that she left her husband voluntarily and resides with her brothers. Petition dismissed as no cause of action survives.
Habeas corpus writ petition dismissed with no cause of action found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:146284
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 469 of 2023
Petitioner :- Smt. Laxmi Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajeev Kumar Pal Counsel for Respondent :- G.A.,Atul Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
Counter affidavit filed on behalf of respondent nos. 5 & 6 is taken on record.
Heard Sri Rajeev Kumar Pal, learned counsel for petitioners, Sri Atul Kumar Singh, learned counsel for respondent nos. 5 & 6 and learned AGA for respondent Nos. 1 to 4.
This habeas corpus writ petition has been filed on behalf of petitioner no.1-Smt. Laxmi Devi(corpus) through her husband namely Mahesh(petitioner No.2) with the allegation that the corpus is illegally detained by respondent nos. 5 & 6 who are brothers of the corpus.
It is submitted by learned counsel for petitioners that corpus namely Smt. Laxmi Devi is legally wedded wife of petitioner no.2 but she is illegally detained by respondent nos.. 5 & 6.
On the other hand, learned counsel appearing for respondent nos. 5 & 6 submits that corpus was being tortured by her husband-Mahesh(petitioner no.2) and she has voluntarily left the house of her husband.
It is said in paragraph 7 of the counter affidavit filed on behalf of respondent nos. 5 & 6 that corpus has already filed application under Section 125 Cr.P.C. claiming maintenance from her husband-petitioner no.2 on 29.5.2023 and she is not willing to reside with her husband. It is further submitted that the corpus presently resides happily with her brothers who are impleaded as respondent nos. 5 & 6 and she is not in illegal confinement any more.
In view of above submission that the corpus has left the house of her husband voluntarily and has also filed application under Section 125 Cr.P.C. for maintenance, custody of corpus with respondent nos. 5 & 6, who are brothers of corpus, cannot said to be illegal. No cause of action survives. The habeas corpus writ petition is liable to be dismissed and is dismissed accordingly.
Order Date :- 21.7.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner's residence with her brothers constitutes illegal detention after she left her husband's house voluntarily and filed a maintenance application.
Whether cause of action survives in a habeas corpus petition where the woman claims to reside happily with her brothers.
1 provisions across 1 enactments
Smt. Laxmi Devi
Mahesh
State Of U.P.
Respondent nos. 5 & 6 (Brothers of the corpus)
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
