Dismissed¶9

Smt. Foolmati Thru. Her Husband Pravesh Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

Allahabad HC1 May 2025HABC/150/2025

Case brief

AI extract

What is this about?

Habeas corpus writ petition dismissed as not pressed; detenue stated to be residing with her lawful husband, not with private respondents; maintainability objection re Arya Samaj Mandir marriage certificate and bigamy raised but not adjudicated; liberty granted to pursue appropriate remedy; Allahabad High Court Lucknow Bench, 1.5.2025.

What did the court decide?

Liberty to avail appropriate remedy as may be available under law. ¶9

Smt. Foolmati Thru. Her Husband Pravesh Kumar Vs… — Writ and Judicial Review | Allahabad HC (2025)

¶1

Court No. - 11

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Case :- HABEAS CORPUS WRIT PETITION No. - 150 of 2025

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Petitioner :- Smt. Foolmati Thru. Her Husband Pravesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others

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Counsel for Petitioner :- Vivek Kumar Pandey,Neeraj Kumar Baghel Counsel for Respondent :- G.A.,Mukut Bihari Tripathi

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Hon'ble Rajnish Kumar,J.

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Shri Mukut Bihari Tripathi and Shri Ram Vishal Tripathi, learned Advocates have filed 'Vakalatnama' on behalf of respondent no.4, which is taken on record.

¶7

Learned counsel for the respondent no.4 raised a preliminary objection that this misconceived petition has been filed claiming the next friend as husband on the basis of certificate of marriage issued by the Arya Samaj Mandir, whereas marriage could not have been performed because the petitioner himself has admitted in petition that the detenue was married and her marriage has neither been declared void or voidable nor it has been annulled or she has been divorced, therefore, he may also be charged for bigamy. He further submits that the detenue is not in the custody of the respondents no.4 and 5 and she is living with her husband Pradip son of Heera, therefore, also this petition is not maintainable and liable to be dismissed. He further submits that the deponent had also filed a Criminal Misc. Writ Petition No.1813 of 2025 under Article 226 of the Constitution of India for protection, which was not pressed.

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Learned A.G.A. also, on the basis of instructions, stated that the detenue was married with Pradeep and she is residing with him.

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At this state learned counsel for the petitioner Shri Neeraj Kumar Baghel submits that the petition may be dismissed as not pressed with liberty to avail appropriate remedy as may be available under law. To which there is no objection by the other side.

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In view of above, the petition is dismissed as not pressed with the liberty as aforesaid.

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.......................................... .(Rajnish Kumar,J.) Order Date :- 1.5.2025 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Foolmati Thru. Her Husband Pravesh Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

Case brief

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What did the court decide?

Smt. Foolmati Thru. Her Husband Pravesh Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

Case brief

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