Allahabad High Court
RASHMI BIND AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
A major adult has an absolute right to choose her marriage and residence, and the habeas corpus petition is allowed to set her at liberty.
Summary
The Allahabad High Court entertained a habeas corpus petition filed by Rashmi Bind, a 24‑year‑old graduate who had voluntarily married Sushil Kumar Srivastav on 5 August 2026. The petition sought her release from custody imposed by her parents who opposed the marriage. Upon hearing the corpus, she expressed her desire to reside with her husband, and the court noted that she is a major capable of making personal choices. Relying on the right to personal liberty under Article 21 of the Constitution, the court held that parental disapproval cannot justify continued detention. Consequently, the petition was allowed, directing that she be set at liberty to live with her husband and that authorities ensure their safety.
Issues considered
- Whether a person who has attained majority can be detained against her will for the purpose of preventing a marriage of her choice.
- Whether the habeas corpus petition filed by the adult daughter is maintainable to secure her liberty and choice of residence.
Legislation cited
- Constitution of India — s. Article 21
Subjects
- habeas corpus
- personal liberty
- Article 21
- majority
- marriage
- custody
- parental interference
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1315 of 2026
Rashmi Bind And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anjani Kumar Shukla
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
By order dated 10th September, 2026, the State as well as respondent No.
4 were directed to produce the corpus, Smt. Rashmi Bind, before this
Court. In compliance with the aforesaid order, the corpus has been
produced before the Court by Sri Ram Milan Yadav, Sub-Inspector, and
Ms. Sharda, Lady Constable, Police Station Kotwali, District Ghazipur.
This Court interacted with the corpus, Smt. Rashmi Bind, who disclosed
that she is about 24 years of age. She stated that she is a graduate and has
also completed a course in nursing. She acknowledged that she had
voluntarily solemnized her marriage with the petitioner, Sushil Kumar
Srivastav, on 5th August, 2026, and expressed her unequivocal desire to
reside with him at their matrimonial home. She further stated that she is
presently residing with her parents, but is now willing and desirous of
joining her husband and commencing her matrimonial life with him.
This Court also interacted with the petitioner, Sushil Kumar Srivastav,
who acknowledged his matrimonial relationship with the corpus and
stated that he is willing to take her with him and reside with her at their
matrimonial home.
This Court further interacted with respondent Nos. 4 and 6, who are the
parents of the corpus. They expressed their disappointment with the
decision of the corpus to solemnize marriage with the petitioner, Sushil
Kumar Srivastav. However, they fairly acknowledged that the corpus has
attained the age of majority and that she has taken the aforesaid decision
HABC No. 1315 of 2026
2
of her own volition.
Upon interaction with the parties and having regard to the statement made
by the corpus before this Court, it is apparent that she is a major and has
voluntarily exercised her choice to marry the petitioner, Sushil Kumar
Srivastav, on 5th August, 2026. Her decision to reside with her husband is
an expression of her personal liberty and autonomy, which is protected
under Article 21 of the Constitution of India. Once a person has attained
majority, she is entitled to make her own choices regarding her life,
residence and matrimonial relationship, and such choice is not liable to be
interfered with merely because it is not acceptable to her parents or other
family members.
In view of the aforesaid facts and circumstances, no justification survives
for continuing the custody of the corpus against her expressed wishes.
Accordingly, the present habeas corpus petition is allowed. The corpus,
Smt. Rashmi Bind, is set at liberty to reside with the person of her choice
and at the place of her choice.
The State authorities, as well as respondent Nos. 2 and 3, are directed to
ensure the safety and security of the corpus and her husband, Sushil
Kumar Srivastav. In the event the corpus and her husband require police
assistance for proceeding to or reaching their preferred destination, the
concerned authorities shall extend necessary assistance and escort them,
as may be required, in accordance with law.
(Sandeep Jain,J.)
September 24, 2026
Himanshu
Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad
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