Allahabad High Court
AARATIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that no ground exists to entertain the habeas corpus petition and dismissed it.
Summary
The High Court was approached by Vishal Soni seeking a habeas corpus writ to obtain custody of Aarti, a 17‑year‑old girl who claimed to be his wife. Aarti was produced before the Court and testified that her marriage was forced and she does not recognize it, and that she is voluntarily residing with her parents. The petitioner asserted that the alleged marriage entitled him to her custody, while Aarti's father also claimed custody as her parent. The Court examined the allegations of coercion and the minor's voluntary residence, finding no basis to consider the marriage valid or to deem Aarti as illegally detained. Consequently, the Court concluded that there was no ground to entertain the petition and dismissed the habeas corpus petition.
Issues considered
- Whether the petitioner is entitled to custody of the minor on the basis of an alleged marriage
- Whether the alleged marriage is valid given the claim of coercion
- Whether the minor is being illegally detained
Subjects
- habeas corpus
- custody
- minor
- forced marriage
- coercion
- illegal detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1244 of 2026
Aarati
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Janardan Yadav, Vivek Kumar Pal
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Sri Sanjay Kumar, Advocate, has filed his vakalatnama on behalf of
respondent no.4, which is taken on record.
2. By order dated 31.08.2026, the State was directed to produce the
corpus, Aarti, before this Court. In compliance with the said order, she
has been produced by S.I. Gaurav Sharma, PNO No. 231066989, and
Lady Constable Neelam, PNO No.254337785, Police Station Achchnera,
District Agra.
3. This Court interacted with the corpus, Aarti, who disclosed that she is
about 17 years of age and is studying in Class XII. She submitted that her
marriage with the petitioner was solemnized under coercion and,
therefore, she does not recognise the said marriage. She further submitted
that she is voluntarily residing with her parents at her parental home and
is not in the illegal detention of any person.
4. This Court also interacted with the petitioner, Vishal Soni, who
reiterated that he had solemnized marriage with the corpus and, therefore,
claimed that he is entitled to her custody. However, the corpus has, at
present, refused to recognise any matrimonial relationship with him. In
view thereof, her custody cannot be handed over to the petitioner.
5. This Court also interacted with the father of the corpus/respondent
no.4, Kanhaiya, who claimed her custody on the ground that she is his
daughter.
HABC No. 1244 of 2026
2
6. Upon interacting 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 corpus has refused to recognise the alleged
marriage, stating that the same was solemnized under coercion. She has
further stated that she is voluntarily residing with her parents at her
parental home and is not in the illegal detention of any person. In view of
the aforesaid circumstances, no ground is made out for entertaining the
instant habeas corpus petition.
7. Accordingly, the instant habeas corpus petition is dismissed.
(Sandeep Jain,J.)
September 14, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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