Dismissed

Nand Gopal Singh and 4 Others v. Union of India and 8 Others

Allahabad HC9 Aug 2023HABC/960/2022

Case brief

AI extract

What is this about?

In this habeas corpus writ petition, the Allahabad High Court listed the corpus petitioner who disclosed that she was ousted by her husband and resides with her parents due to lack of maintenance. Finding no illegal confinement, the court held that no cause of action survives and dismissed the petition.

What did the court decide?

Writ petition dismissed as corpus petitioner resides voluntarily with parents and is not in illegal confinement.

Nand Gopal Singh and 4 Others Vs Union of India and 8 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:160822

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 960 of 2022 Petitioner :- Nand Gopal Singh And 4 Others Respondent :- Union Of India And 8 Others Counsel for Petitioner :- Ram Sagar Yadav,Ashish Kumar Yadav Counsel for Respondent :- A.S.G.I.,G.A.,Pushpanjali Singh,Ved Mani Tiwari,Vikas Upadhyay

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Ram Sagar Yadav, learned counsel for the petitioners, learned A.G.A. for the State, Sri Vikas Upadhyay, learned counsel appearing on behalf of respondent nos. 7 to 9 and perused the record.

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It is submitted by learned counsel for the petitioners that due to unavoidable circumstances the bank draft of Rs. 40,000/- could not be deposited in compliance of order dated 25.07.2023 but now the bank draft in the name of corpus namely Smt. Pratibha Yadav is ready.

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Learned counsel for the petitioner is permitted to hand over the aforesaid bank draft to Sri Vikas Upadhyay, learned counsel appearing on behalf of corpus as well as respondent nos. 7 to 9.

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Corpus petitioner no. 2 namely Smt. Pratibha Yadav along with three minor children have been produced by respondent no. 4 in compliance of order dated 25.07.2023. On being queried, corpus Smt. Pratibha Yadav states that she was ousted by petitioner no. 1 namely Nand Gopal Singh four years back and since then, she resides with her parents. She further states that petitioner no. 1 who is husband of petitioner no. 2 and father of petitioner nos. 3 to 5 has not been paid any penny for maintenance as well as for their livelihood.

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In view of above statement of corpus namely Smt. Pratibha Yadav, the corpus cannot be said to be in illegal confinement of respondent nos. 7 to 9.

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No cause of action survives in the present habeas corpus writ petition and the same is liable to be dismissed.

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The habeas corpus writ petition is dismissed , accordingly.

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Order Date :- 9.8.2023 sailesh

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

Nand Gopal Singh and 4 Others v. Union of India and 8 Others

Case brief

What is this about?

What did the court decide?

Nand Gopal Singh and 4 Others v. Union of India and 8 Others

Case brief

What is this about?

What did the court decide?

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