Allahabad High Court
SMT POOJA CHAUHAN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that there is no ground to interfere with the corpus’s voluntary residence and dismissed the habeas corpus petition.
Summary
The petition sought a writ of habeas corpus to compel the State to produce Pooja Chauhan and order her custody to Durgesh Kumar, who claimed they were married on 15 March 2022. The court interacted with the corpus, a 23‑year‑old LL.B. student, who categorically denied any marriage or relationship and stated she voluntarily resides with her parents. The petitioner reiterated his claim of a temple marriage and asserted a right to her custody. The court observed that the corpus is an adult capable of making her own choices and found no proof of a valid marriage or any ground for interference. Accordingly, the habeas corpus petition was dismissed, affirming the corpus’s 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 an alleged marriage.
- Whether a habeas corpus petition can be entertained when the corpus is an adult who voluntarily resides with her parents.
- Whether the alleged temple ceremony constitutes a valid marriage under law.
Subjects
- habeas corpus
- custody
- marriage
- adult liberty
- voluntary residence
- personal liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1235 of 2026
Smt Pooja Chauhan And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhananjay Kumar
Counsel for Respondent(s) : G.A., Shubham Kumar Dubey
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 31.08.2026, the State was directed to produce the corpus,
Pooja Chauhan, before this Court. In compliance with the said order, she has
been produced before the Court by Sub-Inspector Mohd. Arshad Khan, PNO
No. 192327884 and Lady Constable Nidhi Singh, PNO 212322091, Police
Station Jhagahan, District Gorakhpur.
2. This Court interacted with the corpus, Pooja Chauhan, who disclosed
that she is aged about 23 years and is pursuing LL.B. (IIIrd Semester).
She has denied having solemnized marriage with the petitioner on
15.03.2022 and has stated that she has no relationship with him. At
present, she is voluntarily residing with her parents and does not want to
reside with the petitioner.
3. The corpus has admitted that the petitioner had provided her financial
assistance but she has stated that she has returned the money received
from him. She has categorically denied having any relationship with the
petitioner.
4. This Court has also interacted with the petitioner, Durgesh Kumar, who
has reiterated that he has solemnized marriage with the corpus on
15.03.2022 in a temple and, therefore, claims that he is entitled to her
custody.
5. However, it is apparent that the corpus has categorically denied having
solemnized any marriage with the petitioner and has also denied having
any relationship with him. In such circumstances, the custody of the
HABC No. 1235 of 2026
2
corpus cannot be handed over to the petitioner.
6. This Court has further interacted with the mother of the corpus who has
disclosed that the corpus is her daughter and she is voluntarily residing
with her.
7. From the interaction with the parties, it is apparent that the petitioner
claims custody of the corpus on the ground that he has solemnized
marriage with her on 15.03.2022. However, the corpus has refused to
acknowledge the said relationship and has categorically stated that she
never solemnized any marriage with the petitioner and has no relationship
with him.
8. It is further apparent that the corpus is a major and is residing
voluntarily with her parents. She has expressed her unwillingness to
reside with the petitioner. No ground for interference in the present
habeas corpus petition is, therefore, made out.
9. Accordingly, the instant habeas corpus petition is dismissed. The
corpus is at liberty to reside with the person of her choice and at her
preferred destination.
(Sandeep Jain,J.)
September 9, 2026
Sushma
Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad
Checking your session…