Habeas Corpus petition dismissed. The corpus stated she voluntarily left her husband's house and is residing with her parents. No illegal confinement was evident; cause of action failed.
The habeas corpus petition is dismissed.
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Neutral Citation No. - 2023:AHC:169019
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 777 of 2022
Petitioner :- Smt Ayushi Gautam And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mithilesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Amitabh Patel, Advocate has put in appearance on behalf of respondent nos. 4 and 5 by filing his vakalatnama, which is taken on record.
In compliance of order dated 05.07.2023, corpus namely Smt. Ayushi Gautam has been produced by respondent nos. 4 and 5. On being queried she states that she voluntarily left the house of her husband and she is presently residing with respondent nos. 4 and 5, who are parents of corpus. She further states that she is not willing to go with petitioner no.2.
In view of statement of of corpus, namely Smt. Ayushi Gautam, she cannot be said to be in illegal confinement of respondent nos. 4 and 5 who are parents of corpus. No cause of action survives and habeas corpus petition is liable to be dismissed.
The habeas corpus petition is dismissed , accordingly.
Registrar General, High Court Allahabad is requested to return the bank draft of Rs. 10,000/- to the corpus which was deposited by petitioner no.2 in compliance of order dated 14.10.2022 forthwith.
Order Date :- 22.8.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
Smt Ayushi Gautam
4 Others
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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