Court No. - 83
Case :- HABEAS CORPUS WRIT PETITION No. - 652 of 2021 Petitioner :- Smt. Shiwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajendra Kumar Yadav, learned counsel for petitioner and learned A.G.A. for respondents.
This habeas corpus writ petition has been filed on behalf of Smt. Shiwani, who is next friend, to produce the corpus i.e. petitioner before the Court and thereafter, direct the custody of corpus be given in favour of petitioner.
Learned counsel for petitioner contends that Amt. Shiwani, is legally wedded wife of daughter of respondent-2 and wife of Indrajeet. He has further pointed out certificate with regard to registration of marriage which is on record at page 25 of paper book.
Learned A.G.A. has raised preliminary objection that remedy of petitioner lies by moving an application under section 9 of Hindu Marriage Act for restitution of conjugal rights.
When confronted with above, learned counsel for petitioner could not over come the same.
As a result, present writ petition fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 23.9.2021 Arshad