Allahabad High Court
RAKESH KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that there is no evidence of illegal detention and therefore dismissed the habeas corpus petition.
Summary
The petitioners filed a habeas corpus petition alleging that the wife of petitioner No.1, Smt. Sadhana, was being illegally detained by her mother-in-law, Smt. Munni Devi. The petitioners claimed that the wife had left the matrimonial home with their two minor children and was being held against her will. The State, through the learned AGA, submitted that the wife voluntarily left the matrimonial home due to marital discord and is residing with her mother, with no evidence of illegal detention. The court examined the investigation report and found no material to substantiate the claim of unlawful confinement. Consequently, the court concluded that the petition did not disclose any ground for granting a writ of habeas corpus and dismissed the petition.
Issues considered
- Whether the alleged confinement of the wife amounts to illegal detention justifying a writ of habeas corpus
- Whether the petitioner has discharged the burden of proving unlawful detention
Subjects
- habeas corpus
- illegal detention
- marital dispute
- family law
- personal liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1218 of 2026
Rakesh Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Mishra
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Heard learned counsel for the petitioners and learned AGA for the State.
Learned counsel for the petitioners submits that the corpus, Smt. Sadhana, is
the wife of petitioner no.1, Rakesh Kumar, whose marriage with the corpus
was solemnized on 27.04.2016, and out of the said wedlock, two children
have also been born. It is submitted that presently the corpus-wife is in the
illegal detention of respondent no.4, Smt. Munni Devi, who is the mother-in-
law of petitioner no.1, Rakesh Kumar.
Per contra, learned AGA, on the basis of the instructions received, submits
that the marriage of petitioner no.1 with Smt. Sadhana was solemnized about
ten years ago and two children have also been born out of the said wedlock.
However, due to matrimonial discord, the corpus-wife left her matrimonial
home alongwith her two minor children and is voluntarily residing with her
mother. Learned AGA further submits that there is no material on record to
presume that the corpus-wife is in the illegal detention of any person.
I have heard learned counsel for the parties and perused the documents
annexed with the writ petition as well as the instructions received by learned
AGA.
From the instructions received by learned AGA, it is apparent that the matter
was duly investigated and it was found that there is a matrimonial dispute
between petitioner no.1 and his wife, Smt. Sadhana, due to which she has
left her matrimonial home alongwith her two minor children and is presently
residing voluntarily with her mother. There is no evidence on record to
HABC No. 1218 of 2026
2
presume that she is in the illegal detention of any person.
In view of the aforesaid facts and circumstances, no ground is made out for
entertaining the instant habeas corpus petition. The petition is, accordingly,
dismissed.
(Sandeep Jain,J.)
September 11, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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