The Division Bench of the Uttrakhand High Court, comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit has declined to pass any order in the present habeas corpus plea filed by petitioner husband against his wife and allowed wife to stay with his friend as she reside with her friend with her own free will.
The petitioner is husband of Smt. Sushma Singh and the marriage between them was solemnized on 26.02.2012 and two child were born out of their wedlock. Petitioner’s wife left Dehradun for Faridabad, where her parents reside with petitioner’s daughter and thereafter, she has not returned back to Dehradun. Therefore, the petitioner made a prayer to issue a writ of Habeas Corpus.
The Court in its previous order directed the State to ensure presence of the corpus. Pursuant to the said order Mrs. Sushma Singh, wife of petitioner is present in Court. She stated that she has gone to Faridabad on her own free will and now she is residing with respondent no.9. She further stated that petitioner used to misbehave with her, therefore, she is not willing to join the company of petitioner at Dehradun.
The Bench considered the submission of the Petitioner and her wife and held that since Sushma Singh (corpus) has categorically stated that she is living with respondent no.9 with her own free will, therefore, no further order can be passed and disposed of the habeas corpus plea.
Case Details
Case:- HABC No.18 of 2022
Judge: Justice Manoj Kumar Tiwari and Justice Pankaj Purohit
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