Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 15964 of 2017 Petitioner :- Smt. Swati (Corpus) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
The petitioner no. 2, Vipin, who is the husband of petitioner no. 1, Smt. Swati (corpus), has filed this petition with the prayer to issue a writ in the nature of habeas corpus commanding the respondent no. 5 (father of the corpus) to produce the corpus before this court and to set her at liberty forthwith from his illegal custody.
Heard learned counsel for the petitioners and learned AGA. Perused the record.
Learned counsel for the petitioners has contended that the corpus is the legally wedded wife of petitioner no. 2. However, the respondent no. 5 has illegally detained her in his custody. The corpus had contacted the petitioner no. 2 from some one's mobile phone informing that her father was torturing her and if the petitioner no. 2 would not take her back, she would commit suicide. It is further contended that the petitioner no. 2 moved an application before the Superintendent of Police, Baghpat, requesting the police authorities to take some action for releasing his wife from the illegal custody of her father but the police did not take any action on the application of petitioner no. 2.
Learned AGA has raised a preliminary objection with regard to the maintainability of the petition by contending that as a petition u/s 9 of the Hindu Marriage Act for restitution conjugal rights filed by petitioner no. 2 is pending in the Family Court, Muzaffar Nagar, this habeas corpus petition is not maintainable. Learned AGA has drawn the attention of this court to paragraph no. 9 of Annexure no. 2 to this petition, which is a copy of the petition under section 9 of the Hindu Marriage Act filed by the petitioner no. 2 for restitution of conjugal rights. In paragraph no. 9 of the petition, it is mentioned that on 31.7.2015 when the petitioner no. 2 was not present at his house, his wife misbehaved with her in-laws and went to her parental home taking with her 15 Tolas gold and other ornaments. The learned AGA has contended that in view of the material contradictions in the two cases filed by the petitioner no. 2 and also in view of the fact that the petition under section 9 of the Hindu Marriage Act filed by the petitioner no. 2 is pending, this petition is liable to be dismissed.
There is no dispute that a petition u/s 9 of the Hindu Marriage Act is pending in the Family Court, Muzaffar Nagar, therefore, any observation made by this court will certainly prejudice the findings to be arrived at by the Family court on the basis of the evidence led by the parties. In view of the above, there does not appear any good ground to interfere in the matter by exercising extra ordinary jurisdiction of writ court.
At this juncture, learned counsel for the petitioners prayed that the Family Court, Muzaffar Nagar, be directed to decide the petition u/s 9 of the Hindu Marriage Act filed by the petitioner no. 2, pending before it, as expeditiously as possible.
Learned AGA has no objection to this prayer.
Keeping in view the fact that the petition under section 9 of the Hindu Marriage Act filed by the petitioner no. 2 is pending since long, the Family Court, Muzaffar Nagar, is directed to make all possible efforts to decide the petition as expeditiously as possible.
With the aforesaid observations this petition is finally disposed of.
Order Date :- 18.4.2017 Pcl