Allahabad High Court
SMT. RIYA AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
Since the corpus has attained majority and voluntarily married, she cannot be compelled to stay with her parents and custody is to be handed over to her husband.
Summary
The High Court entertained a habeas corpus petition filed by the State of U.P. seeking custody of Riya, a girl who claimed to have attained majority and had voluntarily married Tinku. The court examined Riya, who stated she is 18 years old, educated up to class IX, and wishes to reside with her husband. The father contested, alleging she is only 16, but an ossification test indicated she is about 18. The court held that Riya, having reached majority, can exercise her fundamental right under Article 21 to choose her life partner and residence, and cannot be forced to stay with her parents. Consequently, custody was ordered to be handed over to her husband, and the State was directed to ensure their safety and provide escort if needed. The writ petition was allowed.
Issues considered
- Whether a person who has attained majority and voluntarily married can be compelled to reside with parents against her will.
- Whether the habeas corpus petition for custody is maintainable when the corpus is of majority and has exercised her fundamental right to choose a life partner.
- Whether the State can be directed to provide safety and escort to the parties.
Legislation cited
- Constitution of India — s. Article 21
Subjects
- habeas corpus
- custody
- marriage of minor
- Article 21
- fundamental rights
- parental consent
- majority
- protective custody
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1090 of 2026
Smt. Riya And Another
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ratnesh Pratap Singh, Ravindra Yadav
Counsel for Respondent(s) : Tej Om Prakash Gupta, G.A., Lavkush
Kumar Bhatt
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Sri Tej Om Prakash Gupta, learned counsel, has filed his vakalatnama
on behalf of respondent no.4, which is taken on record.
2. By order dated 02.09.2026, the State was directed to produce the
corpus, Riya, before this Court. In compliance with the said order, the
corpus has been produced before this Court by S.I. Sandeep Kumar,
P.N.O. No.002010058 and Lady Constable 1454 Neelam Singh, Police
Station Kamalganj, District Farrukhabad.
3. This Court interacted with the corpus, Riya, who disclosed that she has
attained the age of majority and is educated up to Class IX. She further
stated that she solemnized her marriage with the petitioner, Tinku, on
30.05.2025, against the wishes of her parents, and that she now wishes to
reside with her husband in her matrimonial home. She further stated that
she voluntarily solemnized the marriage with the petitioner.
4. This Court also interacted with the petitioner, who acknowledged that
he has solemnized marriage with the corpus and expressed his desire to
reside with her in their matrimonial home. He further stated that he is
employed as a skilled labourer in a garment factory in Delhi, where he
presently resides and earns approximately Rs. 25,000/- per month.
5. This Court also interacted with respondent no. 4, Dilip Kumar, the
father of the corpus. He appeared to be disappointed with the decision of
the corpus to solemnize marriage with the petitioner and stated that,
HABC No. 1090 of 2026
2
according to her educational records, the corpus is only 16 years of age.
However, it is apparent from the ossification test conducted in respect of
the corpus that her age has been assessed to be about 18 years.
6. From the interaction with the parties, it is apparent that the corpus has
attained majority and has exercised her fundamental right guaranteed
under Article 21 of the Constitution of India to choose her life partner.
She has solemnized marriage with the petitioner of her own free will and
has categorically expressed her desire to reside with him in her
matrimonial home.
7. It is, therefore, apparent that the corpus cannot be compelled to act in
accordance with the wishes of her parents and is entitled to choose her life
partner and place of residence.
8. In view of the aforesaid facts and circumstances, the custody of the
corpus is handed over to her husband/petitioner, Tinku.
9. The State authorities, particularly respondent nos. 2 and 3, are directed
to ensure the safety and security of the corpus and, if required, provide
necessary escort to the corpus and the petitioner to their preferred
destination.
10. Accordingly, the instant habeas corpus writ petition is allowed.
(Sandeep Jain,J.)
September 9, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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