Pooja Yadav @ Pooja Thru. Her Husband Manoj Pandey @ Manoj Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko and 6 Others — Allahabad HC (2025) — LawSathi Research

Pooja Yadav @ Pooja Thru. Her Husband Manoj Pandey @ Manoj Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the alleged detenue, Pooja Yadav @ Pooja, was under illegal detention so as to warrant relief by way of a writ of habeas corpus.

Court's answer

On the written instructions of Police Station Baghrai, District Pratapgarh, the alleged detenue is living with her free wish and will with her sister Khushbu Yadav in Gujarat, supported by a certificate of the Village Pradhan and a written application of her brother Satyam Yadav.

Ratio / Principle

It appeared admitted to the petitioner, per submissions of learned counsel, that the alleged detenue left home owing to matrimonial discord and is now living at her sister's house in Gujarat.

Key takeaways

The alleged detenue has not been illegally detained by anyone; the matter is one of discorded matrimonial relations for which the relief lies at the level of the Family Court.ratio¶¶9
In the considered opinion of the Court, the jurisdiction of habeas corpus has been wrongly invoked by the petitioner, and the petition has lost its efficacy.ratio¶¶9
Mere dismissal of the petition will not preclude the petitioner from availing any other remedy, including requesting a decree of Restitution of Conjugal Rights before the appropriate Court.

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition dismissed. On written instructions of Police Station Baghrai, District Pratapgarh — supported by a Village Pradhan's certificate and a written application of the detenue's brother Satyam Yadav — the alleged detenue was found to be living with her free wish and will with her sister Khushbu Yadav in Gujarat. It further appeared admitted that she had left home due to discorded matrimonial relations. Holding that she was not illegally detained by anyone and that the matter was purely matrimonial, the Court held that the jurisdiction of habeas corpus had been wrongly invoked and that relief lay at the level of the Family Court; the petition was accordingly dismissed as having lost its efficacy. The Court clarified that mere dismissal would not preclude the petitioner from availing any other remedy, including a decree of Restitution of Conjugal Rights before the appropriate Court.

Neutral Citation No. - 2025:AHC-LKO:2428

Court No. - 14

Case :- HABEAS CORPUS WRIT PETITION No. - 9 of 2025 Petitioner :- Pooja Yadav @ Pooja Thru. Her Husband Manoj Pandey @ Manoj Kumar

Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 6 Others Counsel for Petitioner :- Ashok Kumar Maurya,Priyanshi Maurya Counsel for Respondent :- G.A.

Hon'ble Mohd. Faiz Alam Khan,J.

Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.

Learned A.G.A. has placed before this Court a copy of the written instructions provided by the Police Station Baghrai, District Pratapgarh, the same is taken on record. Perusal of the instructions would reveal that the alleged detenue (wife of the petitioner) is living with her free wish and will with her sister Khushbu Yadav in Gujarat. In this regard, a certificate issued by the Village Pradhan as well as a written application given by the brother of the alleged detenue Satyam Yadav has also been enclosed with the report of the concerned police station.

It appears to be admitted to the petitioner, as is evident from the submissions made by learned counsel for the petitioner that the alleged detenue is the wife of the petitioner and due to some matrimonial discorded relations she had left her home and is now living at the house of her sister in Gujarat.

Thus, it is evident that the alleged detenue, namely, Pooja Yadav @ Pooja has not been illegally detained by anyone and the matter appears to be of discorded matrimonial relations for which the relief lies at the level of the Family Court. Thus, in the considered opinion of this Court, the jurisdiction of habeas corpus has wrongly been invoked by the petitioner and having regard to the reasons mentioned herein-before, the petition appears to have lost its efficacy and is dismissed as such.

Mere dismissal of this petition will not preclude the petitioner to avail any other remedy including the remedy of requesting for a decree of Restitution of Conjugal Rights before appropriate Court.

Order Date :- 15.1.2025/Praveen

Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench