Dismissed¶11

Smt Yogita and Another v. the State of Up and 3 Others

Allahabad HC7 Apr 2025HABC/216/2025

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What is this about?

Allahabad High Court (Court No. 76), Vinod Diwakar, J.; Habeas Corpus Writ Petition No. 216 of 2025, Smt Yogita v. State of U.P.; neutral citation 2025:AHC:52868; decided 7.4.2025. Keywords: habeas corpus; illegal confinement by father; corpus produced in Court; corpus unwilling to go with husband-petitioner; matrimonial discord; gross abuse of Article 226 jurisdiction; oblique motives; writ petition dismissed; legal expenses Rs. 25,000/- by demand draft.

What did the court decide?

The present writ petition is a gross abuse of the extraordinary jurisdiction conferred under Article 226 of the Constitution of India; the Court's jurisdiction was invoked with oblique motives, contrary to settled principles of law. ¶10

Smt Yogita and Another vs the State of Up and 3… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:52868

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Court No. - 76

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Case :- HABEAS CORPUS WRIT PETITION No. - 216 of 2025

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Petitioner :- Smt Yogita And Another Respondent :- The State Of Up And 3 Others Counsel for Petitioner :- Harsh Yadav,Rakesh Kumar Rathore Counsel for Respondent :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the petitioners, learned counsel for the respondent no. 4, learned AGA for the State and perused the record.

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Petitioner no.1, aged about 32 years, and petitioner no.2, aged about 33 years, have solemnized their marriage on 28.11.2019 as per Hindu rites and customs at Law Kush Kalyan Samiti, which is registered with the U.P. Sarvjanik Samuhik Vivah Samaroh at Shri Ram Prakash Kushwaha Aadarsh Vidyalaya, Kotla Road, Firozabad. A copy of the marriage certificate has been filed as Annexure-3 to the writ petition. It is alleged that the respondent no.4 father of petitioner no.1 forcibly took her away and kept her in illegal confinement. Aggrieved by the said illegal custody of petitioner no.1, petitioner no.2 has approached this Court by filing the present writ petition.

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In compliance with the order dated 21.03.2025, the corpus Smt. Yogita has been produced by respondent no. 4 Amar Singh Baghel (father of the corpus).

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Upon specific query by the Court, the corpus unequivocally stated that she is not willing to go with petitioner no. 2. It seems the matter at hand arises out of a matrimonial discord between

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petitioner nos. 1 and 2. A perusal of the record, coupled with the submissions advanced, clearly reveals that the present writ petition is a gross abuse of the extraordinary jurisdiction conferred under Article 226 of the Constitution of India. It is evident that the jurisdiction of this Court has been invoked with oblique motives, contrary to the settled principles of law.

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Accordingly, the writ petition is devoid of merit and is hereby dismissed .

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The legal expenses of Rs. 25,000/- has been paid by the petitioner no. 2 through demand draft in favour of petitioner no. 1, Smt Yogita W/o Ratan Kumar (petitioner no.2) in the Court today.

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Order Date :- 7.4.2025 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Smt Yogita and Another v. the State of Up and 3 Others

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Smt Yogita and Another v. the State of Up and 3 Others

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