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Allahabad High Court

LALOO YADAV AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The habeas corpus writ petition is dismissed as the corpus is not in illegal detention and the alleged marriage is not recognized.

Summary

The High Court considered a habeas corpus petition filed by Laloo Yadav seeking custody of Nemlata, who was produced before the Court. Nemlata, a 19‑year‑old who has completed Class X, testified that her marriage to the petitioner was forced and she does not recognize it, preferring to live with her parents. The petitioner asserted that he is the lawful husband and therefore entitled to her custody, while Nemlata’s father and brother also denied any valid marriage and claimed custody for her. The Court found that Nemlata is residing voluntarily with her parents and is not being illegally detained by any party. Consequently, the Court held that there is no ground to entertain the habeas corpus petition and dismissed it, affirming Nemlata’s liberty to reside with anyone of her choice.

Issues considered

  • Whether the petitioner is entitled to custody of the corpus on the basis of a purported marriage.
  • Whether the alleged marriage is valid given the corpus's claim of coercion.
  • Whether the corpus is being illegally detained, justifying a habeas corpus writ.

Subjects

  • habeas corpus
  • child marriage
  • coercion
  • custody
  • illegal detention
  • marriage validity

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           HABEAS CORPUS WRIT PETITION No. - 1241 of 2026

Laloo Yadav And Another
                                                           .....Petitioner(s)
                                  Versus

State Of U.P. And 4 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Akshay Kumar Shukla, Ravindra Pal
                                 Singh Kashyap
Counsel for Respondent(s)      : G.A.

Court No. - 73
                     HON'BLE SANDEEP JAIN, J.

1. By order dated 31.08.2026, the State as well as respondent nos.4 and 5,
were directed to produce the corpus, Nemlata, before this Court. In
compliance with the said order, she has been produced by S.I. Jai Prakash
Singh, PNO No.902020540, and Lady Constable Garima, PNO No.
252679144, Police Station Shahjahanpur, District Shahjahanpur.

2. This Court interacted with the corpus, Nemlata, who disclosed that she
is about 19 years old and is educated up to Class-X. She submitted that
her marriage with the petitioner, Laloo Yadav, was solemnized under
coercion exercised by him. Therefore, she does not recognise the said
marriage and wishes to reside with her parents. She further submitted that
she never voluntarily married the petitioner and is presently residing
voluntarily with her parents and is not in the illegal detention of any
person.

3. This Court also interacted with the petitioner, Laloo Yadav, who
reiterated that he had solemnized marriage with the corpus and, therefore,
claimed that he is entitled to her custody. However, at present, the corpus
has refused to recognise any matrimonial relationship with him.

4. This Court also interacted with respondent nos.4 and 5, who are the
father and brother, respectively, of the corpus. They too denied that the
corpus had solemnized marriage with the petitioner and claimed her
custody.
                                                                                             HABC No. 1241 of 2026
                                                                    2


                                    5. After having interacted with the parties, it is apparent that the petitioner
                                    is claiming custody of the corpus on the ground that she is his legally
                                    wedded wife. However, the alleged matrimonial relationship has not been
                                    accepted by the corpus, who has categorically stated that the alleged
                                    marriage was solemnized under coercion exercised by the petitioner.

                                    6. It is further apparent that the corpus is presently residing voluntarily
                                    with her parents and is not in the illegal detention of any person. In these
                                    circumstances, no ground is made out for entertaining the instant habeas
                                    corpus writ petition.

                                    7. Accordingly, the instant habeas corpus writ petition is dismissed.

                                    8. The corpus is at liberty to reside with any person of her choice and at
                                    her preferred place.



                                                                                                (Sandeep Jain,J.)
                                    September 14, 2026
                                    Jitendra




Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad


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