Ganesh Jaiswal And 2 Others v. State Of U.P. And 4 Others
Case at a glance
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 44. The petition is accordingly dismissed, with liberty to the petitioners to avail such other appropriate remedies as may be available to them under the law. Order Date :- 10.4.2025 Shafique Justice Vinod Diwakar SAFIKUR RAHAMAN High Court of Judicature at Allahabad
Judgment
Learned counsel for the petitioners submits that the marriage between petitioner no. 1 and petitioner no. 2 was solemnized in the year 1975, and since then, they had been residing together peacefully. It is further submitted that in the year 2022, the father of petitioner no. 2 allegedly came and forcibly took her, along with their minor daughter, to his residence. It is contended that petitioner nos. 2 and 3 are being unlawfully detained by respondent nos. 4 and 5. In light of these circumstances, the present petition has been filed under Article 226 of the Constitution of India seeking appropriate relief.
In view of the admitted position that petitioner no. 2 is the legally wedded wife of petitioner no. 1, the matter prima facie appears to arise out of a matrimonial dispute. Considering the nature of the grievance, the petitioners have an equally efficacious remedy available under the family law jurisdiction. Hence, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution in the present case.
The petition is accordingly dismissed, with liberty to the petitioners to avail such other appropriate remedies as may be available to them under the law. Order Date :- 10.4.2025 Shafique Justice Vinod Diwakar SAFIKUR RAHAMAN High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Allahabad High Court, on 10 Apr 2025. The bench was VINOD DIWAKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.