A writ of habeas corpus cannot be issued if there is no illegal detention.

Court No. - 84

Case :- HABEAS CORPUS WRIT PETITION No. - 870 of 2021

Petitioner :- Dharmendra Patel And Another

Respondent :- State Of U.P. And 12 Others

Counsel for Petitioner :- Hriday Narayan Pandey

Counsel for Respondent :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the petitioners and learned A.G.A. for

the State.

This habeas corpus writ petition has been filed by the

petitioners alleging that although Dharmendra Patel, petitioner

no. 1 (corpus) is major and he is son of petitioner no. 2, Satara

Devi, he is illegally being detained by respondent nos. 6 to 13

and hence a writ of habeas corpus be issued directing the

respondent nos. 2 and 5 to lodged the FIR against respondent

nos. 6 to 13. A further prayer is that a direction be issued to

local police to produce the corpus (petitioner no. 1) before this

Court and set him at liberty.

It is contended by learned counsel for the petitioners that

neither the corpus (petitioner no. 1) has solemnized marriage

with respondent no. 8 Anjali nor he lived with her as her

husband. The respondent no. 8 was habitual to intercourse and

she developed physical relations with other persons and became

pregnant and she made a rumour herself that she was carrying a

fetus of corpus (petitioner no. 1) in her womb. It is also

contended that respondent nos. 6 to 13 had forcibly solemnized

marriage of respondent no 8 Anjali with corpus (petitioner no.

1), who was minor on that date. It is also contended that

respondent no. 4 and 5 raided the house of corpus (petitioner

no. 1) and taken him to custody and handed over him to

respondent no.s 6 to 13.

I have very carefully gone through the averments made in the

writ petition as well as the other material brought on record.

The writ petition neither contains any averment that the

petitioner no. 1, Dharmendra Patel had intimated the petitioner

no. 2, Satara Devi that respondent nos. 6 to 13 are illegally

detaining him nor that he had authorised the petitioner no. 2 to

move this writ petition before this Court.

From the perusal of the record it appears that the petitioner no.

1, Dharmendra Patel after solemnizing marriage with

respondent no. 8 had gone to Suraj (Gujarat) to earn his

livlihood, which has been disclosed in this writ petition. There

being no illegal detention, this writ petition fails and is

accordingly dismissed.

Order Date :- 4.1.2022

R./

Digitally signed by RAJEEV KUMAR

SACHDEVA

Date: 2022.02.09 12:48:16 IST

Reason:

Location: High Court of Judicature at

Allahabad