Allahabad High Court
SMT MEENU RANI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the corpus, being an adult exercising her Article 21 right, must be released to reside with her husband.
Summary
The State was ordered to produce Smt. Meenu Rani, a 31‑year‑old woman, before the Allahabad High Court under a habeas corpus petition. Upon interaction, she disclosed that she had married Ashwani Kumar on 16 March 2026 and wished to reside with him, while currently staying at her parental home. The petitioner, Ashwani Kumar, confirmed the marriage and his willingness to live with the corpus in their matrimonial home. The Court examined whether the State's continued detention infringed the corpus's fundamental right to liberty under Article 21 of the Constitution. Finding that she is a major adult exercising her constitutional right to choose her residence, the Court allowed the petition. Accordingly, the State and other respondents were directed to ensure the safety and secure escort of the corpus and her husband to their preferred destination.
Issues considered
- Whether the detention of the corpus violates her fundamental right to personal liberty under Article 21, warranting the issuance of a habeas corpus writ
Subjects
- habeas corpus
- personal liberty
- Article 21
- marriage
- detention
- fundamental rights
- release
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1062 of 2026
Smt Meenu Rani And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lakshmi Kant Trigunait
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 20.08.2026, the State was directed to produce the corpus,
Smt. Meenu Rani, before this Court. In compliance with the said order, she
has been produced by Sub-Inspector Rais Ullah Khan, PNO No.872290253,
and Lady Constable Moni, PNO No.252541027, Police Station Bhopa,
District Muzaffarnagar.
2. This Court interacted with the corpus, Smt. Meenu Rani, who disclosed
that she is about 31 years of age and is educated upto M.A., B.Ed. She
further stated that she is presently pursuing further education. She admitted
that she had solemnized marriage with the petitioner, Ashwani Kumar on
16.03.2026 and that she now wants to reside with him in her matrimonial
home. She further submitted that, at present, she is residing with her parents
at her parental home.
3. This Court also interacted with the petitioner, Ashwani Kumar, who
acknowledged his matrimonial relationship with the corpus and stated that
he is willing to reside with the corpus in their matrimonial home.
4. Upon interaction with the parties, it is apparent that the corpus is a major
woman who, in exercise of her fundamental right guaranteed under Article
21 of the Constitution of India, has solemnized marriage with the petitioner
on 16.03.2026 and now desires to reside with him in her matrimonial home.
5. Accordingly, the instant habeas corpus petition is allowed. The corpus is
set at liberty to reside with the person of her choice at her preferred place.
6. The State, as well as respondent nos.2 and 3, are directed to ensure the
HABC No. 1062 of 2026
2
safety and security of the corpus and her husband and, if required, to escort
them safely and securely to their preferred destination.
September 24, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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