Allahabad High Court
SARITA CHAUHAN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that a minor who voluntarily expresses a desire to live with her parents must be placed under their custody, and the habeas corpus petition is allowed.
Summary
The High Court, acting on a habeas corpus petition, ordered the State to produce the minor Sarita Chauhan, who was then presented by police officers. Upon interaction, Sarita, an 18‑year‑old who had left home voluntarily to meet her parents in Gujarat, expressed her wish to reside with them and denied any kidnapping or elopement. Her parents affirmed their relationship and promised her care. Considering her voluntary declaration and minority status, the Court returned her custody to her parents. Consequently, the habeas corpus petition was allowed, restoring her liberty.
Issues considered
- Whether the detention of the minor Sarita Chauhan by the State amounted to unlawful confinement warranting habeas corpus relief
- Whether the minor's expressed desire to reside with her parents overrides any state custody
Subjects
- habeas corpus
- minor
- custody
- personal liberty
- detention
- parental rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1164 of 2026
Sarita Chauhan And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Pandey, Birendra Pandey,
Jitendra Pandey, Pragya Pandey,
Shambhavi Pandey, Vinay Kumar Pandey
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 03.09.2026, the State was directed to produce the corpus,
Sarita Chauhan, before this Court. In compliance with the said order, she has
been produced by Sub-Inspector Janardhan Prasad Paswan, PNO No.
960740305, and Lady Constable Priyanka Pal, PNO No.252301900, Police
Station Shadiabad, District Ghazipur.
2. This Court interacted with the corpus, Sarita Chauhan, who disclosed that
she is about 18 years of age and is educated up to Class-X. She submitted
that she had voluntarily left her house to meet her parents, who were residing
in Gujarat, and that she was neither enticed to elope nor kidnapped by any
person. She further submitted that she wants to reside voluntarily with her
parents.
3. This Court also interacted with the parents of the corpus, who
acknowledged that the corpus is their daughter and assured this Court that
they would keep her with love and affection and would not subject her to any
atrocity or harassment.
4. Upon interaction with the parties, it is apparent that the corpus is a minor
girl who has expressed her desire to reside with her parents. Accordingly, her
custody is handed over to her parents.
5. In view of the above, the instant habeas corpus petition is allowed.
September 24, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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