Allahabad High Court
Vishnu Dutt Shukla And Another vs State Of U.P. And 4 Others on 24 March, 2021
Author: Y. K. Srivastava
Bench: Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- HABEAS CORPUS WRIT PETITION No. - 1204 of 2019 Petitioner :- Vishnu Dutt Shukla And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Premshankar Shukla Counsel for Respondent :- G.A. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri P.S. Shukla, learned counsel for the petitioners and Sri Arvind Kumar, learned A.G.A. for the State respondents.
The facts as pleaded in the petition are to the effect that the petitioner no. 2, stated to be wife of the petitioner no. 1, has gone back to her parental home and that she is not coming back. Learned counsel for the petitioners has not disputed the fact that the petitioner no. 1 has gone away on her own sweet will and does not desire to come back to the petitioner no. 1.
There is no material pleading in the petition to establish the necessary jurisdictional fact of illegal detention.
This Court in recent decision in the case of Soniya And Another vs. State of U.P. And 3 Others, 2021 0 Supreme (All) 218 has held that issuance of a writ of habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out.
Having regard to the aforesaid, this Court is not inclined to exercise its extraordinary jurisdiction to entertain the petition seeking a writ of habeas corpus.
The petition stands dismissed, accordingly.
Order Date :- 24.3.2021 Shalini (Dr. Y. K. Srivastava, J.)