Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 3104 of 2018 Petitioner :- Shakeena Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ranjit Singh,R.U. Rinki Renu Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Ranjit Singh, learned counsel for the petitioner, learned AGA for the State and perused the record.
The petitioner no.2 has failed to produce any document viz. Nikahnama of his alleged marriage with corpus and there is nothing on record to believe that the corpus was married to Mohd. Haleem @ Banne. The petitioner has filed a copy of notice dated 10.11.2017 at Annexure No.1 allegedly served by him on corpus with allegations of Nikah on 16.3.2017 and asking her for restitution of conjugal rights, failing which he will file petition for Restitution of Conjugal Rights. After a period of 10 days, he alleges to have submitted an application (Annexure No.3) to S.S.P., Allahabad on 21.11.2017 with the allegation that opposite party nos.4 to 8 have illegally detained the corpus.
Upon hearing parties counsel and perusal of material on record, I find that Mohd. Haleem is not proved to be the husband of corpus Shakeena and has no locus standi to maintain the petition and may seek appropriate efficacious remedy by filing petition for Restitution of Conjugal Rights before the appropriate forum if so advised. The petition for habeas corpus is devoid of merits and is liable to be dismissed.
In view of discussions made above, the present petition for issuing a writ of heabeas corpus is dismissed, accordingly.
Order Date :- 24.4.2018 Tamang