Court No. - 68
Case :- HABEAS CORPUS WRIT PETITION No. - 642 of 2021 Petitioner :- Smt. Neerja And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Suhas Subhash Mehta Counsel for Respondent :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard, Sri Suhas Subhash Mehta, learned counsel for the petitioners, learned A.G.A. for the State and perused the material on record.
The instant petition has been filed for issuing a direction in the nature of mandamus directing the respondents to release the petitioner no. 1 from their illegal confinement and set her on liberty to live on her own wisdom free will and wishes. Further prayed for a direction to the respondents to handover the custody of petitioner no. 1 in possession of petitioner no.2.
Learned counsel for the petitioner submitted that his wife, i.e., petitioner no. 2 Smt. Neerja is illegally detained by respondents no. 6 to 8.
Learned A.G.A. informs the Court that the proceedings under Section 125 Cr.P.C. are pending between the parties in the competent court and a compromise is said to have been entered between the parties but the said compromise has not been verified by the competent court. He further informs that no date of illegal detention has been mentioned. He next submitted that petitioner has an alternative efficacious alternative remedy available under Section 9 of Hindu Marriage Act for restitution of conjugal rights.
In view of the submission advanced by learned counsel for the parties, I am of the view that if the efficacious remedy is available under the aforesaid Act, hence, the present Habeas Corpus Writ Petition is not maintainable and the same is dismissed as such.
The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Ishan