Allahabad High Court
SMT TANU MAVI CORPUS AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as there is no ground of illegal detention.
Summary
The High Court considered a habeas corpus petition filed by Smt. Tanu Mavi and another seeking her production, after the State and a respondent were ordered to produce her. The corpus, an 18‑year‑old graduate, testified that she voluntarily married Sandeep on 16‑04‑2026 but now wishes to live with her parents and is not being illegally detained. The petitioner‑husband claimed custody on the basis of marriage, while the father of the corpus asserted his right to retain her custody. The Court held that, having attained majority and expressed a clear desire to reside with her parents, the corpus is free to choose her residence and there is no illegal detention. Consequently, the habeas corpus petition was dismissed, and the petitioner was directed to return the corpus's original documents within a week.
Issues considered
- Whether a habeas corpus petition is maintainable when the alleged detainee is an adult who voluntarily resides with her parents.
- Whether a husband can claim custody of his wife under a voluntary marriage.
- Whether a father can claim custody of his adult daughter.
Subjects
- habeas corpus
- adult woman
- voluntary residence
- custody
- marriage
- illegal detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1202 of 2026
Smt Tanu Mavi Corpus And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Shri Pankaj Kumar Singh, learned counsel, has filed his appearance on
behalf of respondent no. 4 in Court today, which is taken on record.
By order dated 20.08.2026, the State as well as respondent no. 4 were
directed to produce the corpus, Smt. Tanu Mavi, before this Court. In
compliance with the said order, she has been produced before the Court by
Sub-Inspector Rajat Gupta, PNO 2331074678, and Lady Sub-Inspector
Sonam Yadav, PNO 237232140, Police Station Ecotech-1, District Gautam
Budh Nagar.
This Court interacted with the corpus, Smt. Tanu Mavi, who disclosed that
she is aged about 18 years and has studied up to graduation. She further
stated that she had voluntarily solemnized marriage with the petitioner,
Sandeep, on 16.04.2026. However, she submitted that she is presently
residing voluntarily with her parents and does not wish to reside with the
petitioner. She categorically stated that she is not in the illegal detention of
any person and is residing voluntarily with her parents.
This Court also interacted with the petitioner, Sandeep, who stated that he
had solemnized marriage with the corpus on 16.04.2026 with her consent
and claimed that he is entitled to her custody on the ground that he is her
husband.
This Court further interacted with respondent no. 4, Veerpal, father of the
corpus, who submitted that he wishes to retain the custody of the corpus as
she is his daughter.
HABC No. 1202 of 2026
2
Upon interaction with the parties, this Court is of the considered opinion that
although the corpus has attained majority and had voluntarily solemnized
marriage with the petitioner, Sandeep, on 16.04.2026, she has now
categorically expressed her unwillingness to reside with him and has stated
that she wishes to reside with her parents. It is further apparent that the
corpus is not in the illegal detention of any person and is residing voluntarily
with her parents.
In view of the aforesaid facts and circumstances, no ground is made out for
entertaining the instant habeas corpus petition. The petition is, accordingly,
dismissed.
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 petitioner, Sandeep, is directed to return all the original documents
belonging to the corpus, which are in his possession, to her within a
period of one week from today.
(Sandeep Jain,J.)
September 8, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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