Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.