Allahabad High Court
POOJA DEVI AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the wife was voluntarily residing with her parents and not in illegal detention, so the habeas corpus petition was dismissed.
Summary
Petitioner Neeraj Singh filed a habeas corpus petition alleging that his wife, Pooja Devi, was being illegally detained by her father, Hari Om, after she left their matrimonial home. The petition claimed the minor child Anmol was also in the father's custody. The State, represented by the A.G.A., contended that the wife had voluntarily taken residence with her parents while pregnant and that a police statement corroborated this. The court examined the petition, the police report, and the instructions to the A.G.A., finding that the wife and child were residing voluntarily and not under any unlawful restraint. Consequently, the court held that there was no basis for a habeas corpus remedy and dismissed the petition.
Issues considered
- Whether the alleged residence of the wife with her parents amounts to illegal detention justifying a habeas corpus petition
- Whether a matrimonial dispute can be adjudicated through a habeas corpus remedy
Subjects
- habeas corpus
- illegal detention
- voluntary residence
- matrimonial dispute
- custody of minor
- family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1457 of 2026
Pooja Devi And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Purnima
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Learned counsel for the petitioner submits that the marriage of the
petitioner, Neeraj Singh, was solemnized with the corpus, Pooja Devi, on
18.07.2024, and out of the said wedlock, a son, namely Anmol, was born,
who is presently in the custody of the corpus. It is further submitted that
the corpus has left her matrimonial home and is presently in the illegal
detention of respondent no. 4, Hari Om, who is the father of the corpus. In
this regard, a complaint was also made to the Superintendent of Police,
District Kanpur Dehat, on 21.08.2026, but no action was taken thereon.
Per contra, learned A.G.A., on the basis of instructions received, submits
that the matter arises out of a matrimonial dispute between the petitioner
and the corpus, due to which the corpus left her matrimonial home while
she was pregnant and is presently residing voluntarily with her parents. It
is further submitted that the corpus has also given a statement to the
police to the said effect. Learned A.G.A. thus submits that, in view of the
aforesaid facts, no case for entertaining the instant habeas corpus petition
is made out.
I have heard learned counsel for the parties and perused the documents
annexed with the petition as well as the instructions received by the
learned A.G.A.
The instructions received by the learned A.G.A. disclose that the matter is
essentially a matrimonial dispute between the petitioner, Neeraj Singh,
and his wife, Pooja Devi, on account of which she left her matrimonial
HABC No. 1457 of 2026
2
home and is presently residing voluntarily with her parents along with the
minor child. It has further come on record that the corpus is about five
months pregnant and is not in the illegal or unlawful detention of any
person. The statement of the corpus has also been recorded by the Station
House Officer of Police Station Gajner, District Kanpur Dehat.
In view of the aforesaid facts and circumstances, it is apparent that the
corpus, along with the minor child, is voluntarily residing with her parents
and is not in the illegal detention of any person. Consequently, no ground
is made out for entertaining the instant habeas corpus petition.
The petition is, accordingly, dismissed.
(Sandeep Jain,J.)
October 1, 2026
Himanshu
Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad
Checking your session…