Neutral Citation No. - 2023:AHC:145175

Court No. - 79

Case :- HABEAS CORPUS WRIT PETITION No. - 458 of

2023

Petitioner :- Smt. Isha Saxena (Corpus) And Another

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Pradeep Kumar,Mohd Rehan Ansari

Counsel for Respondent :- G.A.,Abhinab Mishra

Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the parties and perused the record.

This habeas corpus writ petition has been filed on behalf of

Smt. Isha Saxena (corpus) through her husband petitioner no. 2

namely Aman Anand with the allegation that the corpus has

been illegally detained by respondent nos. 4 to 6 who are

mother, father and maternal uncle of corpus respectively.

Learned counsel appearing on behalf of corpus as well as

respondent nos. 4 to 6 has raised preliminary objection that the

present habeas corpus writ petition has been filed by petitioner

no. 2 on behalf of corpus petitioner no. 1 by concealing the

material facts. It is further submitted that there is matrimonial

dispute between the husband petitioner no. 2 and wife petitioner

no. 1 (corpus) and petitioner no. 1 has voluntarily left the house

of her husband. He further states that corpus wife had already

filed an application under Section 125 Cr.P.C. against her

husband for claiming maintenance and has also filed a

complaint under the provisions of Domestic Violence Act.

In view of above, since the corpus voluntarily resides with her

parents and has also filed cases against her husband, the corpus

could not be said to be in illegal confinement of respondent nos.

4 and 6.

No cause of action survives in the present habeas corpus writ

petition and the same is liable to be dismissed.

The habeas corpus writ petition is dismissed, accordingly.

Order Date :- 20.7.2023

sailesh

Digitally signed by :-

SAILESH PRAJAPATI

High Court of Judicature at Allahabad