Allahabad High Court
PUSHPA NISHAD AND ANOTHERversusSTATE OF UTTAR PRADESH AND 8 OTHERS
- Decided
Holding
Since the corpus is a major and not in illegal detention, the habeas corpus petition is dismissed.
Summary
The petitioners, Pushpa Nishad and her husband, sought a habeas corpus writ to obtain custody of their daughter, Nandima (Nandini) Nishad, alleging that her marriage to her cousin uncle Arjun Nishad was prohibited under Hindu law and that she was being illegally detained. The State complied with the court's order to produce the corpus, who testified that she is 18 years old, has completed Class XII, and has voluntarily married Arjun Nishad, wishing to live with him of her own free will. The court examined whether the corpus, being a major, was in illegal detention and whether she could exercise her fundamental right under Article 21 to choose her life partner and residence. It found that she is a major, is not being detained, and is exercising her personal liberty. Consequently, the court held that there is no ground to entertain the habeas corpus petition and dismissed it. The State and certain respondents were directed to ensure the safety and escort the couple to their chosen destination.
Issues considered
- Whether the corpus, having attained majority, is in illegal detention.
- Whether the corpus is entitled to exercise her right to choose her life partner and place of residence under Article 21 of the Constitution.
Subjects
- habeas corpus
- majority
- personal liberty
- Article 21
- right to choose spouse
- illegal detention
- safety and security
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1031 of 2026
Pushpa Nishad And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Trivikram Singh, Vinay Upadhyay,
Manoj Kumar Dubey, Vipul Kumar
Dubey
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Shri Pramod Kumar Sahni has filed his appearance on behalf of
respondent nos. 5, 7, 8 and 9 in Court today, which is taken on record.
2. By order dated 07.08.2026, the State was directed to produce the corpus,
Nandini Nishad, before this Court. In compliance with the said order, the
corpus has been produced before this Court by Sub-Inspector Kedar Nath
Maurya, PNO 920721043, and Lady Constable Milki Kushwaha, PNO
252050277, Police Station Kandharapur, District Azamgarh.
3. This Court interacted with the corpus, Nandini Nishad, who disclosed that
her date of birth is 15.08.2008. She stated that she has attained the age of
majority and has studied up to Class XII. She further disclosed that she has
voluntarily solemnized marriage with Arjun Nishad and wants to reside with
him. She categorically stated that she is not in the illegal detention of any
person and is living independently of her own free will. She further stated
that she does not want to reside with her parents.
4. This Court also interacted with the petitioner, Pushpa Nishad, and her
husband, Dinesh Nishad, who are the parents of the corpus. They submitted
that Arjun Nishad is the cousin uncle of the corpus and, therefore, according
to them, the marriage between the corpus and Arjun Nishad is prohibited
under Hindu law. They further submitted that they want the custody of the
corpus. However, it is apparent from the interaction that the corpus does not
wish to reside with them.
HABC No. 1031 of 2026
2
5. This Court also interacted with Arjun Nishad, who stated that he wants to
reside with the corpus and intends to solemnize marriage with her shortly.
He further disclosed that he has been enlarged on bail by the coordinate
Bench of this Court.
6. From the interaction with the parties, it is evident that the corpus, Nandini
Nishad, has attained the age of majority. Therefore, in exercise of her
fundamental rights guaranteed under Article 21 of the Constitution of India,
she is entitled to choose her life partner as well as the place of her residence.
In exercise of the said right, she has stated that she has voluntarily
solemnized marriage with Arjun Nishad and now wishes to reside with him
at the place of her choice.
7. This Court is not required to adjudicate upon the validity of the marriage
between the corpus and Arjun Nishad in the present proceedings. This Court
is concerned only with the question as to whether the corpus, having attained
majority, is in illegal detention and whether she is entitled to exercise her
right to choose her life partner and place of residence. From the interaction
held with the corpus, it is evident that she is a major and is not in the illegal
detention of any person. Rather, she is residing independently of her own
free will.
8. In view of the foregoing, no case is made out for entertaining the present
habeas corpus petition. The petition is, accordingly, dismissed.
9. In view of the aforesaid facts and circumstances, the corpus, being a major
woman, is at liberty to reside with a person of her choice and at a place of
her choice. The State as well as respondent nos. 2 and 3 are directed to
ensure the safety and security of the corpus and her husband and to escort
them to the destination of their choice.
(Sandeep Jain,J.)
September 11, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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