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Allahabad High Court

SMT. NISHA SHARMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

No illegal detention is established; the habeas corpus petition is dismissed.

Summary

The High Court examined a habeas corpus petition filed by Smt. Nisha Sharma, who had left her matrimonial home alleging cruelty and her husband's alcohol addiction. The petitioner, Rabburaj, sought a court order directing her return to the marital home. The court interacted with both parties and found that Nisha Sharma, a major, voluntarily resides with her sister and is not being detained or confined by anyone. The court held that habeas corpus jurisdiction arises only when a person is in unlawful custody, which was absent here. Consequently, the petition was dismissed, with the court emphasizing that a major adult is free to choose her residence.

Issues considered

  • Whether the alleged matrimonial discord and refusal to reside with the husband amount to illegal detention warranting a writ of habeas corpus
  • Whether the court has jurisdiction to issue a habeas corpus writ in the absence of unlawful confinement

Subjects

  • habeas corpus
  • illegal detention
  • personal liberty
  • marital discord
  • major adult
  • marriage
  • cruelty
  • alcohol addiction

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
           HABEAS CORPUS WRIT PETITION No. - 1312 of 2026

Smt. Nisha Sharma And Another
                                                               .....Petitioner(s)
                                     Versus

State Of U.P. And 3 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s) : Lal Bahadur                   Yadav,      Ramanuj
                            Yadav
Counsel for Respondent(s) : G.A.

Court No. - 73
                      HON'BLE SANDEEP JAIN, J.
Vakalatnama filed today by Shri Rajeev Mishra on behalf of respondent No. 4
is taken on record.

By order dated 10th September, 2026, the State was directed to produce the
corpus, Smt. Nisha Sharma, before this Court. In compliance with the
aforesaid order, the corpus has been produced before the Court by Shri
Balwan Singh, Inspector, and Ms. Diksha, Sub-Inspector, Police Station
Mahobkanth, District Mahoba.

This Court interacted with the corpus, Smt. Nisha Sharma, who disclosed that
she is about 28 years of age and has studied up to Class V. She
acknowledged that her marriage was solemnized with the petitioner,
Rabburaj, on 24th May, 2025. However, she stated that, on account of the
cruelty and harassment allegedly meted out to her by her husband in the
matrimonial home, she does not wish to reside with him. She further stated
that the petitioner is addicted to alcohol. She categorically submitted that she
had left her matrimonial home of her own volition and is presently residing
with her sister voluntarily. She further stated that she is not being illegally
detained or confined by anyone.

This Court also interacted with the petitioner, Rabburaj, who acknowledged
his matrimonial relationship with the corpus and expressed his desire that she
should reside with him. However, it is apparent from the statement of the
corpus that she is unwilling to reside with the petitioner in her matrimonial
home.

Upon interaction with the parties and consideration of their respective
statements, it is apparent that although the corpus has acknowledged her
matrimonial relationship with the petitioner, she has, owing to the matrimonial
discord and the alleged cruelty and harassment in her matrimonial home,
voluntarily left the matrimonial home and is presently residing with her sister of
her own free will. There is nothing on record to indicate that the corpus is in
the illegal custody, confinement or detention of any person.

The jurisdiction of this Court in a habeas corpus petition is attracted where a
person is shown to be in unlawful custody or detention. In the present case,
                                                                                               HABC No. 1312 of 2026
                                                                     2


                                    the corpus is a major and has unequivocally expressed before this Court that
                                    she is residing with her sister voluntarily and does not desire to return to her
                                    matrimonial home. Mere matrimonial discord or the unwillingness of a major
                                    woman to reside with her husband, in the absence of any element of illegal
                                    detention, does not furnish a ground for issuance of a writ of habeas corpus.

                                    In view of the aforesaid facts and circumstances, no case of illegal detention
                                    is made out and, consequently, no ground is made out for granting any relief
                                    in the present habeas corpus petition. The petition is, accordingly, dismissed.

                                    It is, however, made clear that the corpus, being a major, shall be at liberty to
                                    reside with the person of her choice and at the place of her choice, in
                                    accordance with law.

                                    September 24, 2026
                                    Himanshu

                                                                                               (Sandeep Jain,J.)




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad


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