Allahabad High Court
ANNU RANI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The habeas corpus petition is dismissed as the corpus is a free adult not subject to illegal detention.
Summary
The High Court entertained a habeas corpus petition filed by Annu Rani and another seeking the release of the corpus, Anu Rani, from alleged confinement by her parents. Upon personal interaction, the corpus, a 26‑year‑old educated nurse, asserted her desire to live independently and not reside with her parents. The parents acknowledged that she is of majority age and has married, but expressed concern for her welfare. The Court held that, being an adult, she cannot be compelled to live with her parents and is not under any illegal detention. Consequently, the petition was dismissed, affirming her right to live wherever she chooses under Article 21, while directing the State to ensure her safety.
Issues considered
- Whether the corpus is being illegally detained within the meaning of habeas corpus.
- Whether a person who has attained majority can be compelled to reside with parents against her wishes.
- Whether the habeas corpus petition is maintainable in the present facts.
Subjects
- habeas corpus
- personal liberty
- Article 21
- majority
- right to live independently
- illegal detention
- family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1013 of 2026
Annu Rani And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Gautam
Counsel for Respondent(s) : G.A., Santosh Kumar
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 19.08.2026, the State as well as private respondent nos.4
and 5 were directed to produce the corpus, Anu Rani, before this Court. In
compliance with the said order, the corpus has herself appeared before this
Court.
2. This Court interacted with the corpus, Anu Rani, who disclosed that she is
about 26 years of age and is educated. She possesses a Diploma in Pharmacy
and is presently employed as a nurse in a private hospital, where she earns
approximately Rs.10,000/- per month. The corpus further stated that she has
attained the age of majority and is, therefore, entitled to live her life
independently. She categorically expressed that she does not want to reside
with her parents and does not want them to interfere in her personal life.
3. This Court also interacted with Chintamani and Dharampal Singh, the
parents of the corpus, who expressed serious concern regarding her welfare.
They stated that the corpus has solemnized marriage with a person and is
presently residing with him. However, they fairly acknowledged that the
corpus has attained the age of majority.
4. From the interaction with the parties, it is apparent that the corpus has
attained majority and is, therefore, entitled to live independently at a place of
her choice. She cannot be compelled to reside with her parents against her
wishes. In exercise of her fundamental right guaranteed under Article 21 of
the Constitution of India, the corpus is presently living independently at
Meerut and has categorically stated that she does not want to reside with her
parents. It is further apparent that the corpus is not under the illegal detention
of any person. Consequently, no ground is made out for entertaining the
HABC No. 1013 of 2026
2
present habeas corpus petition.
5. Accordingly, the instant habeas corpus petition is dismissed.
6. The corpus is at liberty to reside with a person of her choice at her
preferred place.
7. The State authorities, as well as respondent nos.2 and 3, are directed to
ensure the safety and security of the corpus and, if required, to provide her
an escort to her preferred destination.
September 9, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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