Allahabad High Court
SMT SAUMYA YADAV AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition is dismissed as the corpus is voluntarily residing with her husband and is not under illegal detention.
Summary
The petitioners filed a habeas corpus petition alleging that Saumya Yadav, a 21‑year‑old woman, was being illegally detained by her father and a relative after she married Akhilesh Kumar against her parents' wishes. The respondents contended that she had actually married Priyanshu Yadav, a relative of the respondents, with her parents' consent and was residing voluntarily with him. The Attorney General produced an affidavit dated 02‑09‑2026 in which Saumya Yadav affirmed that she had married Priyanshu Yadav, that the marriage was in accordance with her parents' wishes, and that she was not under any unlawful detention. The Court examined the affidavit and found that the corpus had attained majority, voluntarily married, and was living with her husband without undue influence. Consequently, the Court held that no illegal detention existed and dismissed the habeas corpus petition.
Issues considered
- Whether Saumya Yadav is being held in illegal detention warranting habeas corpus relief
- Whether the Court should intervene in a marital dispute involving a consenting adult
- Whether the petitioner's claim of forced marriage is substantiated
Subjects
- habeas corpus
- illegal detention
- marriage
- majority
- voluntary residence
- parental consent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1301 of 2026
Smt Saumya Yadav And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailesh Kumar
Counsel for Respondent(s) : G.A., Pradyumn Kumar
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioners submits that the corpus, Saumya
Yadav, aged about 21 years, is the wife of petitioner Akhilesh Kumar and
their marriage was solemnized on 13.08.2025 against the wishes of her
parents. It is further submitted that subsequent to the marriage, the corpus
has been kept in illegal detention at the instance of respondent Nos. 5 and
6, who are respectively the father and a relative of the corpus.
2. Per contra, learned counsel appearing for respondent No. 5 submits that
the allegations made by the petitioner are false. It is submitted that the
corpus has not solemnized marriage with the petitioner; rather, the parents
of the corpus solemnized her marriage with respondent No. 6, Priyanshu
Yadav and the corpus is presently residing with her husband, Priyanshu
Yadav at her matrimonial home.
3. Learned A.G.A. for the State on the basis of instructions submits that
matter was investigated and the corpus has also furnished an affidavit
dated 02.09.2026, which has been produced before the Court. The said
affidavit discloses that the corpus has solemnized marriage with
respondent No. 6, Priyanshu Yadav, in accordance with the wishes of her
parents and now she is voluntarily residing with her husband. She has
further stated that she is not in the illegal detention of any person.
4. In view of the aforesaid facts, it is apparent that she has attained
majority and has voluntarily solemnized marriage with respondent No. 6,
HABC No. 1301 of 2026
2
Priyanshu Yadav, in accordance with the wishes of her parents. She is
presently residing with her husband at her matrimonial home and is not
under undue influence or unlawful detention.
5. In view of the aforesaid, no interference by this Court is warranted.
6. Accordingly, the instant habeas corpus petition is dismissed.
(Sandeep Jain,J.)
September 9, 2026
Sushma
Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad
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