Allahabad High Court
MADHU AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A major woman is free to reside with a person of her choice, and her custody was ordered to be handed over to her husband.
Summary
The High Court was petitioned for a writ of habeas corpus to produce Madhu, a 21‑year‑old woman, who had been detained by the police. Upon production, Madhu testified that she had voluntarily married Jai Prakash Kumar on 8 June 2026 and wished to live with him. The petitioner, Jai Prakash Kumar, confirmed the marriage and his desire to reside with Madhu. The father of Madhu objected to the marriage but acknowledged that she had attained majority and could make her own decisions. Relying on Article 21 of the Constitution, the Court held that a major woman is free to choose her residence and partner, and ordered her custody to be handed over to her husband while directing the State to ensure their safety. Consequently, the habeas corpus petition was allowed.
Issues considered
- Whether a woman who has attained majority can be detained against her will under a habeas corpus petition
- Whether the petitioner's right to reside with his legally wedded wife is protected under Article 21
Subjects
- habeas corpus
- fundamental rights
- Article 21
- majority
- custody
- marriage
- personal liberty
- women's rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1204 of 2026
Madhu And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Dubey, Mool Chandra Maurya
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,
Madhu, before this Court. In compliance with the said order, she has been
produced before the Court by Sub-Inspector Pramod Kumar Vashishtha,
PNO 922650404, and Lady Constable Neelam Goswami, PNO 252231001,
Police Station Pilua, District Etah.
2. This Court interacted with the corpus, Madhu, who disclosed that she is
aged about 21 years and has studied up to Class XII. She further stated that
she has voluntarily solemnized marriage with the petitioner, Jai Prakash
Kumar, on 08.06.2026 and wishes to reside with him at their matrimonial
home.
3. This Court also interacted with the petitioner, Jai Prakash Kumar, who
acknowledged that the corpus is his legally wedded wife and stated that he
wishes to reside with her at their matrimonial home.
4. This Court further interacted with respondent no. 4, Ativir Singh, father of
the corpus, who appeared to be disappointed with the corpus for having
solemnized marriage with the petitioner against his wishes. However, he also
admitted that the corpus has attained majority and is now free to take
decisions concerning her life.
5. Upon interaction with the parties, it is apparent that the corpus has
attained majority and, in exercise of her fundamental right guaranteed under
Article 21 of the Constitution of India, has chosen the petitioner, Jai Prakash
Kumar, as her life partner and has voluntarily solemnized marriage with him
HABC No. 1204 of 2026
2
on 08.06.2026. She has further expressed her desire to reside with him at
their matrimonial home.
6. In view of the aforesaid facts and circumstances, the corpus, being a major
woman, is at liberty to reside with a person of her choice and at a place of
her choice. Her custody is accordingly handed over to the petitioner, Jai
Prakash Kumar.
7. The State as well as respondents no. 2 and 3 are directed to ensure the
safety and security of the corpus and her husband and, if required, to escort
them to the destination of their choice.
8. With the aforesaid observations and directions, the instant habeas corpus
petition is allowed.
(Sandeep Jain,J.)
September 8, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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