Dismissed

Snehlata Dwivedi (Corpus/Detenue) Thru. Her Husband Dilip Kumar Rawat v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Allahabad HC27 Jan 2025/393/2024

Case brief

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What is this about?

Habeas corpus petition by husband seeking release of wife Snehlata Dwivedi from alleged detention by her in-laws' family. The detenue appeared in court and stated she was living with her parents voluntarily without pressure or compulsion, so the court held she could not be forced to go with her husband and dismissed the petition.

What the court decided

AI extract

Snehlata Dwivedi (Corpus/Detenue) Thru. Her Husband Dilip Kumar Rawat Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:5273

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Court No. - 14

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Case :- HABEAS CORPUS WRIT PETITION No. - 393 of 2024

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Petitioner :- Snehlata Dwivedi (Corpus/Detenue) Thru. Her Husband Dilip Kumar Rawat Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Hari Govind Dubey,Radhey Govind Dubey,Varunendra Singh Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Vakalatnama filed today by Mr. Iqbal Ali, appearing on behalf of learned counsel for the respondent is taken on record.

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The present writ petition has been filed by the petitioner with following relief:

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(i) Issue a writ, order or direction in the nature Habeas Corpus for the release of the detenue/corpus Snehlata Dwivedi from the illegal detention of the Opposite Party No. 4 and his other family members, who have illegally detained the detenue in their captivity.

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(ii) Issue a writ, order or direction in the nature of mandamus to the opposite parties for procuring the personal attendance of the detenue/ corpus Snehlata Dwivedi, before this Hon'ble Court in order to record her statements before this Hon'ble Court and the detenue/petitioner be set at liberty.

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(iii) Issue any other suitable order or direction, which this Hon'ble High Court may deems just, fit and proper under the facts and circumstances of the case.

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The demand draft amount to Rs. 25,000/- bearing No. 027702, Indian Bank is handed over to the detenue, Smt. Snehlata Dwivedi by the petitioner.

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Smt. Snehlata (the detenue) is present before the Court and states that she is not ready to go with her husband but with her father and living with her parents voluntarily without any pressure or compulsion.

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On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and the statement of the detenue, since she is not ready to go with him but living with her parents willingly without any pressure

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or compulsion, therefore, she can not be directed to go with the petitioner against her will.

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Accordingly, this writ petition having no force is, hereby, dismissed .

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Order Date :- 27.1.2025 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Snehlata Dwivedi (Corpus/Detenue) Thru. Her Husband Dilip Kumar Rawat v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

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Snehlata Dwivedi (Corpus/Detenue) Thru. Her Husband Dilip Kumar Rawat v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

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