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Allahabad High Court

JAIBA @ ZEBAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as misconceived because the remedy lies in civil law, not writ jurisdiction.

Summary

The petitioner, Jaiba @ Zeba, filed a writ petition seeking a court order to prevent her husband (respondent No.4) from illegally expelling her from their house. She requested that the court direct the respondents not to evict her without a court order and sought costs. The Court examined the nature of the dispute and observed that the issue of possession between husband and wife is governed by civil law remedies, not writ jurisdiction. Consequently, the Court held that the writ petition was misconceived as the appropriate remedy lies in civil proceedings. The petition was therefore dismissed, with liberty to approach the civil courts for relief.

Issues considered

  • What is the appropriate forum for a wife seeking protection against eviction by her husband from the matrimonial home?

Subjects

  • writ petition
  • civil remedy
  • eviction
  • marital home
  • possession dispute
  • property rights
  • maintenance

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18611 of 2026

                                    Jaiba @ Zeba
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                         :   Chandra Bir Singh
                                    Counsel for Respondent(s)                         :   C.S.C.

                                    Court No. - 40
                                                       HON'BLE SARAL SRIVASTAVA, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the respondents.

                                    2. The petitioner by means of the present writ petition has prayed for the
                                    following relief:-

                                         "(i) issue an appropriate writ, order or direction to the
                                         respondent no.2 and 3 that the petitioner should not be illegally
                                         expelled from her house by anyone without any order of any
                                         court order.

                                         (ii) issue any other and further writ, order or direction which this
                                         Hon'ble Court may deem fit and proper in the circumstances of
                                         the case.

                                         (iii) to award the cost of writ petition."

                                    3. The relationship between the petitioner and respondent no.4 is husband
                                    and wife. If the respondent no.4 is attempting to dislodge the petitioner from
                                    the house, the petitioner has adequate remedy under civil law. Therefore, the
                                    writ petition is misconceived.

                                    4. Accordingly, the writ petition is dismissed with the aforesaid liberty.

                                    May 12, 2026
                                    NS
                                                                    (Garima Prashad,J.) (Saral Srivastava,J.)




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

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