Allahabad High Court
SMT DAMINI CORPUS AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that Damini is a major who has exercised free will in marrying and residing with her husband, and therefore cannot be forced to return to parental custody.
Summary
The Allahabad High Court examined a habeas corpus petition filed by the State seeking to produce the corpus, Smt. Damini, before the court and determine her age. Medical evidence and the court's own interaction established that Damini is about 18 years old, having attained majority. She voluntarily married Arun Kumar on 20 May 2026 and expressed a clear desire to reside with him, denying any coercion. The court held that, under Article 21, a major individual has the constitutional right to choose a life partner and residence, which cannot be overridden by parental wishes. Consequently, the petition was allowed, directing that Damini be set at liberty to live with her husband and that the State ensure her safety.
Issues considered
- Whether the corpus is a minor or a major for the purpose of consenting to marriage.
- Whether the corpus can be compelled to return to parental custody despite her claim of voluntary marriage.
- Whether the State's intervention infringes the constitutional right to personal liberty under Article 21.
- Whether a habeas corpus remedy is appropriate in the circumstances.
Subjects
- habeas corpus
- personal liberty
- Article 21
- age of majority
- voluntary marriage
- parental custody
- constitutional rights
- protective orders
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1192 of 2026
Smt Damini Corpus And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anjani Kumar Dubey
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 19.08.2026, the State was directed to produce the
corpus before this Court and place on record the age determination report
of the corpus after her ossification test.
2. Learned A.G.A. for the State in compliance with the aforesaid order
states that the corpus has been produced before the Court by Sri Sanjay
Kumar, Head Constable, PNO No. 112810838, and Ms. Komal Chauhan,
Lady Constable, PNO No. 192830270, Police Station Kotwali Kannauj,
District Kannauj. The age determination report of the corpus has also been
produced before the Court, which discloses that the Chief Medical
Officer, Farrukhabad vide report dated 08.09.2026, has assessed the age
of the corpus to be about 18 years. Thus, according to the said report, she
has attained majority.
3. This Court has interacted with the corpus, Smt. Damini, in order to
ascertain her age, voluntariness and the circumstances in which she has been
residing. During the course of interaction, she has stated that she is about 18
years of age and she has attained the age of majority. She has further
disclosed that she is educated up to Class Vth and that she voluntarily
solemnized her marriage with the petitioner, Arun Kumar, on 20.05.2026.
She has categorically stated before the Court that the marriage was
solemnized of her own free will and without any coercion, undue influence
or pressure from any quarter. She has further expressed her unequivocal
desire to reside with the petitioner, Arun Kumar, as his wife in their
matrimonial home.
HABC No. 1192 of 2026
2
4. This Court has also interacted with the petitioner, Arun Kumar, who has
admitted that he has solemnized marriage with the corpus, Smt. Damini, on
20.05.2026 and has stated that he is willing to reside with her as her husband
in their matrimonial home.
5. The Court has further interacted with respondent no. 4, namely, Ramji
Nagar, father of the corpus. Although he is evidently disappointed and
aggrieved by the decision taken by his daughter to marry the petitioner and
to reside with him.. He has submitted that, according to him, the corpus is
only 16 years of age. However, the age of the corpus has been assessed to
be about 18 years by the Chief Medical Officer, Farrukhabad in his report
dated 08.09.2026.
6. Upon a careful consideration of the statements made by the corpus and the
other parties and after interacting with the corpus personally, this Court finds
that Smt. Damini has attained the age of majority and is capable of taking an
informed decision concerning her own life and future. Her statement before
the Court is clear, categorical and consistent. There is nothing on record or
in her demeanour during interaction with the Court to indicate that her
decision to marry the petitioner or her desire to reside with him is the result
of coercion, threat, undue influence or unlawful inducement.
7. The autonomy of an individual in matters relating to personal liberty,
dignity and choice of a life partner forms an integral facet of the right to life
and personal liberty guaranteed under Article 21 of the Constitution of India.
Once a person attains majority, he or she is ordinarily entitled to make an
independent choice with regard to the manner in which such person wishes
to lead his or her life, including the choice of a spouse. Such a choice cannot
be dictated or substituted by the wishes of the parents or other relatives
merely because they may consider the decision to be undesirable or
unacceptable.
8. The parental concern, however genuine, cannot override the
constitutionally protected autonomy of a major individual. The right to
choose one's partner is a facet of personal liberty and dignity, and the State
and its instrumentalities are required to respect such autonomy, subject of
course to the requirements of law.
HABC No. 1192 of 2026
3
9. In the present case, the corpus has also unequivocally stated before this
Court that she has voluntarily married the petitioner, Arun Kumar, and that
she wishes to reside with him in her matrimonial home. She has not
expressed any apprehension of illegal confinement or coercion at the hands
of the petitioner.
10. In view of the aforesaid facts and circumstances, this Court is satisfied
that the corpus, Smt. Damini, is a major and is exercising her own free will
and volition. She cannot, therefore, be compelled to return to or remain in
the custody of her parents against her wishes. Her liberty to choose her place
of residence and her life partner deserves to be respected and protected in
accordance with the constitutional mandate contained in Article 21 of the
Constitution of India.
11. Consequently, the corpus, Smt. Damini, is set at liberty to go with the
petitioner, Arun kumar, and to reside with him at the place of her choice. No
person, including her parents or relatives, shall interfere with the lawful
exercise of her choice or subject her to any threat, coercion, intimidation or
harassment on account of her decision to marry and reside with the
petitioner.
12. The State authorities, including respondent nos. 2 and 3, are directed to
ensure the safety and security of the corpus, Smt. Damini, as well as the
petitioner, Arun Kumar, and to extend necessary protection to them in
accordance with law, if any threat or apprehension to their life or liberty is
brought to their notice.
13. The concerned police authorities shall also ensure that the corpus and the
petitioner are escorted safely from the Court premises to their preferred
destination, as desired by the corpus, and that no obstruction or interference
is caused to their departure.
14. In view of the above, no further relief survives for consideration in the
present habeas corpus petition. The petition is, accordingly, allowed.
(Sandeep Jain,J.)
September 9, 2026
Sushma
Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad
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