Allahabad High Court
SMT MANI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that Mani has attained majority and is entitled to exercise her fundamental right to choose her life partner, thus the habeas corpus petition is allowed.
Summary
The Allahabad High Court entertained a habeas corpus petition filed by Smt Mani seeking her liberty to reside with her husband, Mohit. The State was directed to produce Mani, who testified that she is about 18 years old, educated up to class V, and has married Mohit on 16‑04‑2026. Conflicting documentary evidence showed her date of birth as 14‑08‑2005 in PAN and Aadhaar (making her over 21) while a medical report assessed her age at about 17, but the court concluded that she has attained majority. Relying on Article 21 of the Constitution, the court held that she is entitled to exercise her fundamental right to choose her life partner and place of residence. Consequently, the habeas corpus petition was allowed, granting her liberty to reside with her husband and directing the respondents to ensure their safety.
Issues considered
- Whether the corpus Mani is a minor for the purpose of validating her marriage.
- Whether she can exercise her fundamental right under Article 21 to choose her life partner and residence.
- Whether the habeas corpus petition is maintainable to secure her liberty.
Subjects
- habeas corpus
- minority
- age of majority
- marriage
- fundamental rights
- Article 21
- personal liberty
- child marriage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1212 of 2026
Smt Mani And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pramod Kumar Singh
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 03.09.2026, the State as well as respondent No.4 were
directed to produce the corpus, Mani, before this Court. In compliance with
the said order, she has been produced by Ram Dhan Singh, PNO No.
892651393 and Lady Constable Savita Sharma, PNO No.253190086, Police
Station Babugarh, District Hapur.
2. This Court interacted with the corpus, Mani, who disclosed that she is
about 18 years of age and is educated upto Class-V. She stated that she had
solemnized marriage with the petitioner, Mohit, on 16.04.2026 and wants to
reside with him in her matrimonial home. She further submitted that she has
attained majority, but her parents had deliberately recorded her age less than
her actual age in her educational records. At present, she is residing with her
parents.
3. This Court also interacted with the petitioner, Mohit, who disclosed that
he had solemnized marriage with the corpus, Mani, and wants to reside with
her in their matrimonial home.
4. This Court also interacted with Monu, the brother of the corpus, who
submitted that the corpus is a minor and, as such, she has no right to
solemnize marriage with the petitioner or reside with him.
5. It is apparent from the PAN Card and Aadhaar Card in which the date of
birth of the corpus has been recorded as 14.08.2005, according to which she
is more than 21 years of age. However, the Chief Medical Officer, Hapur, by
report dated 15.09.2026, has assessed her age to be about 17 years. The
corpus herself has stated that her parents had deliberately recorded her age
HABC No. 1212 of 2026
2
below her actual age in her educational records. From her physical
appearance also, it appears that she is above 18 years of age.
6. In view of the documentary evidence available on record, this Court
considers it appropriate to hold that the corpus, Mani, has attained majority.
She is, therefore, entitled to exercise her fundamental right guaranteed under
Article 21 of the Constitution of India to choose her life partner and place of
residence. In exercise of the said right, the corpus has solemnized marriage
with the petitioner, Mohit, and now desires to reside with him in her
matrimonial home.
7. Accordingly, the instant habeas corpus petition is allowed.
8. The corpus is set at liberty to reside with the person of her choice at her
preferred place.
9. Respondent nos.2 and 3 are directed to ensure the safety and security of
the corpus and her husband and, if required, to escort them safely and
securely to their preferred destination.
September 24, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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