Allahabad High Court
RUBI PARVEEN AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition is dismissed as the corpus is a free adult not in illegal custody.
Summary
The High Court examined a habeas corpus petition filed by Rubi Parveen, who was produced before the court after a direction to the State. The corpus, a 21‑year‑old woman, testified that she voluntarily married Imran on 18 June 2026 against her parents' wishes and is residing with him in her matrimonial home. Her parents alleged she suffers from an ailment and is being detained, but offered no medical evidence; a brain MRI was normal and her marriage certificate and school records confirm she is of majority age. The court held that, under Article 21 of the Constitution, she enjoys the right to personal liberty and is not in illegal custody. Consequently, the petition for habeas corpus was dismissed, with directions for police protection to the couple.
Issues considered
- Whether the corpus is in illegal or unlawful detention justifying habeas corpus relief
- Whether the corpus, being a minor or adult, can voluntarily contract marriage
- Whether parental allegations of illness constitute a ground for detention
Legislation cited
- Constitution of India — s. Article 21
Subjects
- habeas corpus
- personal liberty
- Article 21
- marriage of adult
- parental consent
- unlawful detention
- police protection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1350 of 2026
Rubi Parveen And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nirbhaya Kumar Mishra, Vijeta Tiwari
Counsel for Respondent(s) : Abhay Kumar Singh, G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Counter affidavit filed today is taken on record.
By order dated 16.09.2026, the State was directed to produce the corpus, namely, Rubi
Parveen, before this Court. In compliance with the aforesaid order, the corpus has
been produced before this Court by Sri Rahul Rao, S.I., Sri Rajnish Kumar, Constable,
and Ms. Kavita Varma, Lady Constable, Police Station Lar, District Deoria.
This Court interacted with the corpus, Rubi Parveen, who disclosed that she is about
21 years of age and has studied up to Intermediate. She further stated that she
voluntarily solemnized her marriage with respondent no. 4, Imran, against the wishes
of her parents, on account of which she has allegedly been harassed and subjected to
mental torment by her parents on one pretext or the other. She further stated that she is
not suffering from any physical or mental ailment and is in good health.
The corpus has also filed a joint affidavit along with her husband, Imran, wherein it
has been stated that they solemnized their marriage on 18.06.2026 against the wishes
of the parents of the corpus and are presently residing together in their matrimonial
home.
The aforesaid affidavit further discloses that the corpus underwent a brain MRI
examination, the report dated 22.07.2026 whereof records that no abnormality was
detected. The corpus has also placed on record her marriage certificate, which records
that she voluntarily solemnized her marriage with respondent no. 4, Imran, on
18.06.2026. She has further filed her High School Examination Certificate of the year
2021, according to which her date of birth is 14.02.2005. Thus, the corpus has attained
the age of majority.
This Court also interacted with respondent no. 4, Imran, who acknowledged his
matrimonial relationship with the corpus and stated that he and the corpus are happily
residing together in their matrimonial home.
This Court further interacted with the parents of the corpus. They reiterated their
allegation that the corpus is suffering from an ailment, however, they failed to
HABC No. 1350 of 2026
2
substantiate the said allegation by placing any cogent or documentary evidence on
record.
Upon interaction with the parties and upon consideration of the material available on
record, it is apparent that the corpus, Rubi Parveen, has attained the age of majority
and, in exercise of her fundamental right to personal liberty guaranteed under Article
21 of the Constitution of India, has voluntarily solemnized her marriage with
respondent no. 4, Imran, on 18.06.2026. She is presently residing with her husband in
their matrimonial home of her own free will. In the circumstances, it is apparent that
the corpus is neither in the illegal nor unlawful custody or detention of any person.
In view of the aforesaid facts and circumstances, no ground is made out for granting
any relief in the instant habeas corpus petition. Accordingly, the petition is dismissed.
The State authorities as well as respondent nos. 2 and 3 are directed to extend
necessary police protection to the corpus and her husband, Imran, and, if required, to
escort them safely to the destination of their choice.
(Sandeep Jain,J.)
October 1, 2026
Himanshu
Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad
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