Allahabad High Court
PALAK MAITIversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
An adult who has voluntarily married and resides with her spouse is not unlawfully detained, and thus a habeas corpus petition cannot be entertained.
Summary
The petitioner, Khitin Maiti, filed a habeas corpus petition alleging that his daughter Palak Maiti, aged 18, was being held involuntarily by private respondent Sagar Kumar. The State contended that Palak had attained majority, voluntarily married Sagar Kumar, and had given a handwritten statement under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confirming her free will. Palak and her husband also filed a writ petition seeking police protection, which was granted by a coordinate bench. The court examined the missing‑person report, the recorded statement, and the earlier writ order, finding that Palak was residing in her matrimonial home of her own volition. Consequently, the court concluded that no illegal detention existed and dismissed the habeas corpus petition.
Issues considered
- Whether a habeas corpus petition is maintainable when the alleged detainee is an adult who has voluntarily married and resides with the spouse.
- Whether a statement recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes voluntary residence.
- Whether the earlier writ granting police protection affects the legality of the detention claim.
Legislation cited
Subjects
- habeas corpus
- missing person
- adult marriage
- personal liberty
- Article 21
- illegal detention
- police protection
- matrimonial home
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1290 of 2026
Palak Maiti
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amrendra Singh
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submitted that the corpus, Palak Maiti,
aged about 18 years, is the daughter of the petitioner, Khitin Maiti, who had
initially gone missing. In this regard, a missing person report was registered on
26.07.2026 at Police Station Chakeri, District Kanpur Nagar. Subsequently, it
came to the knowledge of the petitioner that the corpus was in the custody of
private respondent No. 4, Sagar Kumar, and was involuntarily residing with
him.
2. Learned A.G.A., on the basis of the instructions received by him, submitted
that the corpus has attained the age of majority and has voluntarily
solemnized marriage with respondent No. 4, Sagar Kumar, and is presently
residing with him of her own free will. He further submitted that the corpus has
also given a handwritten statement to the police under Section 180 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, which is on record.
3. It was further submitted that the corpus and her husband, Sagar Kumar,
had jointly instituted Writ-C No. 30463 of 2026, Smt. Palak Maiti and Another
versus State of U.P. and Others, seeking police protection and a direction
restraining the respondents from interfering in their marital life. The said writ
petition was allowed by a Coordinate Bench of this Court vide order dated
04.08.2026.
4. Learned A.G.A. submitted that, in view of the aforesaid facts, it is apparent
that the corpus is voluntarily residing with her husband and is not under the
illegal detention of any person. Consequently, no ground is made out for
entertaining the present habeas corpus writ petition.
5. I have heard learned counsel for the parties and perused the material
brought on record, including the documents annexed with the writ petition and
the instructions received by the learned A.G.A.
HABC No. 1290 of 2026
2
6. The instructions received by the learned A.G.A. disclose that the date of
birth of the corpus, Palak Maiti, is 13.03.2008 and, accordingly, she has
attained the age of majority. It is further apparent that, pursuant to the missing
person report lodged by the petitioner, the matter was investigated, the corpus
was traced and her statement was recorded under Section 180 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. In her statement, she
unequivocally stated that she had voluntarily solemnized marriage with
respondent No. 4, Sagar Kumar, and is presently residing with him in her
matrimonial home of her own free will.
7. It is further evident that the corpus and respondent No. 4, Sagar Kumar,
had jointly instituted Writ-C No. 30463 of 2026, Smt. Palak Maiti and Another
versus State of U.P. and Others, which was allowed by a Coordinate Bench of
this Court vide order dated 04.08.2026, whereby police protection was granted
to them and the respondents were restrained from interfering in their peaceful
marital life.
8. In view of the aforesaid facts and circumstances, it is apparent that the
corpus has attained the age of majority and, in exercise of her right to life and
personal liberty guaranteed under Article 21 of the Constitution of India, has
voluntarily solemnized marriage with respondent No. 4, Sagar Kumar. She is
presently residing with him in her matrimonial home of her own free will. It is
also evident that she is not under the illegal detention or confinement of any
person.
9. Accordingly, no ground is made out for entertaining the present habeas
corpus writ petition.
10. The instant habeas corpus writ petition is, accordingly, dismissed.
September 8, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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