Dismissed¶11

Smt Neeraj v. State of U.P. and 4 Others

Allahabad HC20 May 2025HABC/350/2025

Case brief

AI extract

What is this about?

Habeas corpus; illegal detention; corpus statement in court; left matrimonial home of her own free will; residing with respondent no. 5 Udaiveer; no illegal detention found; petition dismissed; legal expense Rs. 20,000/- not payable by husband Kailash Kuma; Allahabad High Court; HABEAS CORPUS WRIT PETITION No. 350 of 2025; Nand Prabha Shukla, J.; 2025:AHC:84741; order dated 20.5.2025.

What did the court decide?

The corpus left her matrimonial house on her own free will and wants to reside with respondent no. 5; consequently, there is no illegal detention of the corpus. ¶11

Smt Neeraj vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:84741

¶2

Court No. - 81

¶3

Case :- HABEAS CORPUS WRIT PETITION No. - 350 of 2025

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Petitioner :- Smt Neeraj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gyan Chandra,Mamta Singh Counsel for Respondent :- G.A.

¶5

Hon'ble Ms. Nand Prabha Shukla,J.

¶6

Sri V.P. Singh Kashyap, Advocate has filed his power on behalf of the respondent no. 5, is taken on record.

¶7

Heard learned counsel for the petitioner, counsel for the respondent no.5, learned A.G.A. for the State and perused the record.

¶8

The present Habeas Corpus Writ Petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus commanding the respondents to produce the Corpus-petitioner personally before this Court and to set her free forthwith from the illegal custody of the respondent no.5 and commanding the respondents not to harass the petitioner and also be restrained not to interfere in the peaceful living of the petitioner.

¶9

Pursuant to the order dated 06.05.2025, the petitioner Smt. Neeraj (corpus) is present before this Court and she has been identified by counsel for the respondent no. 5.

¶10

On being queried, the petitioner Smt. Neeraj (corpus) has stated that she left her matrimonial house on her own free will and accord and joined the respondent no. 5 Udaiveer. She also stated that she has not been illegally detained by respondent no. 5 and wants to live with him.

¶11

Considering the fact that the petitioner Smt. Neeraj (Corpus) has left her matrimonial house on her own free will and wants to reside with respondent no.5, this Court finds that there is no such illegal detention of the corpus. The present petition lacks merit and is liable to be dismissed.

¶12

The present Habeas Court petition is accordingly, dismissed .

¶13

It is made clear that there is no need to pay the legal expense of Rs.20,000/- to the corpus by her husband Kailash Kuma as she is willing to reside with respondent no.5.

¶14

Order Date :- 20.5.2025

¶15

Monika

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Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad

Smt Neeraj v. State of U.P. and 4 Others

Case brief

What is this about?

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Smt Neeraj v. State of U.P. and 4 Others

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