Allahabad High Court
RAJKUMAR AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition is dismissed as there is no illegal detention of the corpus.
Summary
The High Court examined a habeas corpus petition filed by Rajkumar alleging that the corpus, Smt. Anjani Kushwaha, was being illegally detained and that a marriage existed between them. The corpus, a 23‑year‑old woman, testified that she has never married the petitioner and is lawfully married to Pankaj Kushwaha since 5 February 2026, residing voluntarily with him. The petitioner maintained his claim of marriage, but no evidence was produced to substantiate illegal detention. The Court found that the corpus is a major woman, free to choose her residence and partner, and that there is no ground for the habeas corpus relief. Consequently, the petition was dismissed and the petitioner was ordered to return all original documents belonging to the corpus within a week.
Issues considered
- Whether the petitioner has established illegal detention of the corpus for purposes of a habeas corpus petition
- Whether the alleged marriage between the petitioner and the corpus can be proven to justify the petition
- Whether the petition under Article 226 of the Constitution is maintainable in the absence of detention
Subjects
- habeas corpus
- illegal detention
- personal liberty
- marriage
- major woman
- document return
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1206 of 2026
Rajkumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Artee Gupta, Ravindra Kumar Pandey
Counsel for Respondent(s) : Arunesh Kumar Singh, G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
By order dated 20.08.2026, the State as well as respondents no. 5 and 6 were
directed to produce the corpus, Smt. Anjani Kushwaha, before this Court. In
compliance with the said order, she has been produced before the Court by
Sub-Inspector Abhilash Kumar Jha, PNO 231271822, and Lady Constable
Sonam Chauhan, PNO 252625381, Police Station Jatahan Bazar, District
Kushinagar, at Padrauna.
This Court interacted with the corpus, Smt. Anjani Kushwaha, who
disclosed that she is aged about 23 years. She categorically stated that she
has never solemnized marriage with the petitioner, Rajkumar. She further
stated that she has voluntarily solemnized marriage with one Pankaj
Kushwaha on 05.02.2026 and, since then, has been residing with him
voluntarily at her matrimonial home. She unequivocally stated that she has
no relationship of any nature with the petitioner, Rajkumar.
This Court also interacted with the petitioner, Rajkumar, who reiterated his
assertion that he had solemnized marriage with the corpus. However, the
corpus has categorically denied having any matrimonial relationship with the
petitioner.
From the interaction with the parties and the facts brought on record, it is
apparent that the corpus is a major woman and has no matrimonial
relationship with the petitioner, Rajkumar. On the contrary, she has
voluntarily solemnized marriage with Pankaj Kushwaha on 05.02.2026 and,
since then, has been residing with him voluntarily at her matrimonial home.
HABC No. 1206 of 2026
2
It is further apparent that the corpus is not in the illegal detention of any
person.
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
own choice and at a place of her choice.
The petitioner, Rajkumar, 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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