Jaishree vs State of U. P. - 2024 Supreme(All) 34

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 34

YOGENDRA KUMAR SRIVASTAVA
Jaishree – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Mohd. Monis, Bhanu Kumar Ratnakar.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Mohd. Monis, learned counsel for the petitioners and Sri Pankaj Saxena, learned AGA-I appearing for the State-respondents.

2. The present petition has been filed for a writ of habeas corpus alleging that the petitioner no. 1, wife of the petitioner no. 2, is under illegal detention of the respondent no. 4, who is stated to be the maternal uncle of petitioner no. 1.

3. The case as set up in the petition indicates that, on 24.07.2023, the petitioner no. 1 left the house of petitioner no. 2 alongwith some cash and jewellery. It is further averred that consequent to filing of a complaint at the police station, the petitioner no. 1 agreed to come back to her matrimonial home; however, on 27.11.2023, she again left the house of petitioner no. 2 alongwith her maternal uncle i.e. respondent no. 4.

4. It is sought to be asserted that subsequently despite efforts being made by the petitioner no. 2 (husband), the petitioner no. 1 (wife) is not willing to come back to her matrimonial home.

5. Learned AGA-I submits that from the pleadings in the writ petition it is apparent that petitioner no. 1 has left her matrimonial home on her own and there i

Click Here to Read the rest of this document