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Allahabad High Court

VISHNU AND ANOTHERversusSTATE OF UTTAR PRADESH AND 6 OTHERS

Decided

Holding

The petition is not maintainable due to lack of territorial jurisdiction.

Summary

Petitioner Vishnu filed a habeas corpus petition claiming his wife Sapna Bharti is being illegally detained by her father Sunil Bharti in Gaya, Bihar, after their marriage. The petitioner lodged a police complaint but the wife has not been recovered and the father remains at large. The High Court examined whether it had jurisdiction to entertain the petition, noting that the alleged detention and the father reside outside the court's territorial jurisdiction. Since no cause of action arose within the court's jurisdiction, the petition was deemed non‑maintainable. The court dismissed the petition, allowing the petitioner to approach a competent forum.

Issues considered

  • Whether the High Court of Allahabad has territorial jurisdiction to entertain a habeas corpus petition where the alleged detention is situated outside its jurisdiction.

Subjects

  • habeas corpus
  • territorial jurisdiction
  • illegal detention
  • family dispute
  • marriage

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               HABEAS CORPUS WRIT PETITION No. - 1399 of 2026

                                    Vishnu And Another
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of Uttar Pradesh And 6 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Pramod Kumar Singh
                                    Counsel for Respondent(s)                   :   G.A.

                                    Court No. - 73
                                                          HON'BLE SANDEEP JAIN, J.


                                    1. The instant habeas corpus petition has been filed alleging that the
                                    corpus, Smt. Sapna Bharti, is the wife of the petitioner, Vishnu, whose
                                    marriage was solemnized on 26.06.2026 against the wishes of the parents
                                    of the corpus. It is alleged that, subsequent to the marriage, the corpus has
                                    been kept in the illegal detention of respondent No. 7, Sunil Bharti, who is
                                    the father of the corpus. In this regard, a complaint was also made by the
                                    petitioner to the Superintendent of Police, Gaya, Bihar, on 31.08.2026;
                                    however, neither has the corpus been recovered nor has the accused been
                                    arrested.

                                    2. I have heard learned counsel for the petitioner and perused the
                                    documents annexed with the petition.

                                    3. It appears that the corpus is presently in the custody of her father, Sunil
                                    Bharti, who is residing in Gaya, Bihar, and the petitioner has also made a
                                    complaint to the Superintendent of Police, Gaya, Bihar. Thus, no cause of
                                    action for filing the instant habeas corpus petition has arisen within the
                                    territorial jurisdiction of this Court.

                                    4. Accordingly, the instant habeas corpus petition is dismissed as not
                                    maintainable for want of territorial jurisdiction, with liberty to the
                                    petitioner to institute an appropriate proceeding before the competent
                                    forum.



                                                                                               (Sandeep Jain,J.)
                                    September 24, 2026
                                    Mayank




Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad


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