Allahabad High Court
DIL NAWAJ KHAN AND ANOTHERversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The habeas corpus petition is dismissed as there is no ground for relief and the corpus is not in illegal detention.
Summary
The Allahabad High Court produced the alleged wife, Komaldeep Kaur Kahlon, as directed in a habeas corpus petition. She testified that she is 23 years old, educated up to class XII, denies any matrimonial relationship with the petitioner, and is voluntarily residing with her parents. The petitioner, Dil Nawaj Khan, claimed that he is her legally wedded husband and therefore entitled to her custody. The parents of the corpus also expressed willingness to take custody of their daughter. Finding that the corpus is not being detained illegally and that no ground exists for the habeas corpus relief, the Court dismissed the petition and affirmed her liberty to reside with the person of her choice.
Issues considered
- Whether the petitioner is entitled to custody of the corpus on the basis of a claimed marriage
- Whether the corpus is being detained illegally, justifying a habeas corpus remedy
- Whether the habeas corpus petition is maintainable in the present facts
Subjects
- habeas corpus
- custody
- marriage
- illegal detention
- personal liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1228 of 2026
Dil Nawaj Khan And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Farough Ahmad
Counsel for Respondent(s) : G.A., Sharad Mishra
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 21.09.2026, the State was directed to produce the corpus,
Komaldeep Kaur Kahlon, before this Court. In compliance with the said
order, she has been produced by S.I. Harish Chand, PNO No.234113877,
and Lady Constable Rajni, PNO No.252590511, Police Station Madhotanda,
District Pilibhit.
2. This Court interacted with the corpus, Komaldeep Kaur Kahlon, who
disclosed that she is aged about 23 years and educated upto Class XII. She
denied having any matrimonial relationship with the petitioner, Dilnawaz
Khan, and stated that she is voluntarily residing with her parents and is not
in their illegal detention.
3. This Court also interacted with the petitioner, Dilnawaz Khan, who stated
that he has solemnized marriage with the corpus and, on that basis, claims
that he is entitled to her custody.
4. This Court further interacted with the parents of the corpus, namely,
Charanjit Singh and Smt. Kuldeep Kaur, who submitted that they are willing
to take custody of their daughter.
5. Upon interaction with the parties, it is apparent that the petitioner is
claiming custody of the corpus, Komaldeep Kaur Kahlon, on the ground that
she is his legally wedded wife. However, the corpus has categorically denied
having any matrimonial relationship with the petitioner and has stated that
she is voluntarily residing with her parents and is not in their illegal
detention.
6. In view of the aforesaid facts and circumstances, no ground is made out
for entertaining the instant habeas corpus petition.
HABC No. 1228 of 2026
2
7. Accordingly, the instant habeas corpus petition is dismissed.
8. The corpus is at liberty to reside with the person of her choice at her
preferred place.
September 30, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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