Court No. - 49
Case :- HABEAS CORPUS WRIT PETITION No. - 506 of 2021 Petitioner :- Atharva And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.
Hon'ble Vivek Agarwal,J.
Sri Lavkush Kumar Bhatt, learned counsel for petitioners after arguing for sometime and unable to convince the court about maintainability of this petition in the nature and form of Habeas Corpus Writ, prays for withdrawal of the petition, inasmuch as, Sri Lavkush Kumar Bhatt admits that there is a matrimonial dispute between the petitioner no. 2 and his wife-respondent no. 4.
In the said matrimonial dispute, an application was filed by petitioner no. 2 under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights, that application was allowed. Respondent no. 4 had started cohabitating with petitioner no. 2, but thereafter, again some dispute emerged between petitioner no. 2 and respondent no. 4, as a result of which, she had left the company of petitioner no. 2 along with their child-petitioner no. 1.
In view of such submissions, it is apparent that respondent no. 4 and petitioner no. 1 are not under any illegal or unlawful detention of anybody and they are living separately on their own volition.
In view of such facts, petitioner is permitted to withdraw the petition, therefore, petition is dismissed as withdrawn.
Order Date :- 28.7.2021 Vikram/-