Allahabad High Court
SMT. PRIYA AND ANOTHERversusSTATE 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 State was ordered to produce Priya, a 19‑year‑old woman, before the High Court in a habeas corpus petition filed by Sanoj Kumar, who claimed she was his legally wedded wife. Upon interaction, Priya denied any matrimonial relationship and stated she was voluntarily residing with her parents, not being detained. The petitioner asserted a right to custody based on the alleged marriage, while Priya's parents expressed willingness to take her into their care. The Court examined whether Priya was being held illegally and whether the petitioner’s claim of marriage conferred custody rights. Finding no evidence of illegal detention or a valid marriage, the Court concluded that there was no ground to entertain the writ. Consequently, the habeas corpus petition was dismissed, affirming Priya’s liberty to reside where she chooses.
Issues considered
- Whether the petitioner is entitled to custody of the corpus on the basis of a purported marriage
- Whether the corpus is being detained illegally warranting a habeas corpus writ
Subjects
- habeas corpus
- custody
- marriage
- illegal detention
- personal liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1339 of 2026
Smt. Priya And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradeep Kumar Yadav
Counsel for Respondent(s) : G.A., Pramod Kumar Dubey
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 15.09.2026, the State was directed to produce the corpus,
Priya, before this Court. In compliance with the said order, she has been
produced by S.I. Ajay Kumar, PNO No.912290780, Constable Kapil Kumar,
PNO No.202230814, and Lady Constable Jyoti Verma, PNO No.252230369,
Police Station Rijor, District Etah.
2. This Court interacted with the corpus, Priya, who disclosed that she is
aged about 19 years and has completed her B.Sc. She stated that she has no
matrimonial relationship with the petitioner and that she is voluntarily
residing with her parents and is not in their illegal detention.
3. This Court also interacted with the petitioner, Sanoj Kumar, who stated
that he had solemnized marriage with the corpus on 20.03.2026 and,
therefore, claimed that he is entitled to her custody. However, it is apparent
that the corpus has categorically denied having any matrimonial relationship
with the petitioner.
4. This Court further interacted with the parents of the corpus, who
submitted that they are willing to take custody of their daughter, Priya.
5. Upon interaction with the parties, it is apparent that the petitioner is
claiming custody of the corpus, Priya, on the ground that she is his legally
wedded wife. However, the corpus has denied having any matrimonial
relationship with the petitioner. She has unequivocally stated that she is
voluntarily residing with her parents at her parental home and is not in the
illegal detention of any person.
HABC No. 1339 of 2026
2
6. In view of the aforesaid facts and circumstances, no ground is made out
for entertaining the instant habeas corpus writ petition.
7. Accordingly, the instant habeas corpus writ petition is dismissed.
8. The corpus is at liberty to reside with a person of her choice at her
preferred place.
September 30, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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