Allahabad High Court
NIHAL MISHRAversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
A person who has attained majority may freely choose her life partner and residence, and the habeas corpus petition is allowed.
Summary
The High Court of Allahabad entertained a habeas corpus petition filed by Nihal Mishra seeking the release of Bhumika, a 19‑year‑old woman, from the custody of her parents. The court examined the corpus, who affirmed that she voluntarily married the petitioner and wishes to reside with him. The father objected, but acknowledged that Bhumika has attained the age of majority. Relying on Article 21, the court held that a person who has reached majority can independently choose a life partner and place of residence, and parental disapproval cannot override this right. Consequently, the petition was allowed, granting Bhumika liberty to live with her husband, and directing the State to ensure their safety and escort them if needed.
Issues considered
- Whether a person who has attained the age of majority can be compelled to reside with parents against her will under a habeas corpus petition.
- Whether the marriage of a 19‑year‑old woman, entered into voluntarily, is valid despite parental opposition.
- Whether the State can be directed to provide protection and escort to the parties.
Subjects
- habeas corpus
- personal liberty
- Article 21
- age of majority
- marriage consent
- parental opposition
- protective orders
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1354 of 2026
Nihal Mishra
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
By order dated 16.09.2026, the State as well as the private-respondents
were directed to produce the corpus, namely, Bhumika, before this Court.
In compliance with the aforesaid order, the corpus has been produced
before this Court by Sri Atul Kumar Singh, S.I. and Ms. Rani Kumari,
Lady Constable, Police Station, Nandgram, District Ghaziabad.
This Court interacted with the corpus, Bhumika, who disclosed that she is
about 19 years of age and has studied up to Class XII. She stated that she
has voluntarily solemnized her marriage with the petitioner, Nihal Mishra,
in a temple and that, of her own free will, she wishes to reside with him in
their matrimonial home.
This Court also interacted with the petitioner, Nihal Mishra, who
acknowledged his matrimonial relationship with the corpus and stated that
he is willing to reside with her in their matrimonial home.
This Court further interacted with Moolchandra Singh, father of the
corpus, who appeared to be aggrieved by the decision of the corpus to
solemnize marriage with the petitioner. However, he admitted that the
corpus has attained the age of majority.
Upon interaction with the parties and upon consideration of the material
available on record, it is apparent that the corpus has attained the age of
majority and, in exercise of the right to personal liberty guaranteed to her
under Article 21 of the Constitution of India, has voluntarily chosen the
petitioner, Nihal Mishra, as her life partner and has solemnized marriage
HABC No. 1354 of 2026
2
with him of her own free will. She has unequivocally expressed her desire
to reside with him in their matrimonial home.
It is equally well settled that, upon attaining majority, an individual is
entitled to make an independent choice with regard to her life partner as
well as her place of residence, and such choice cannot be curtailed merely
on account of the wishes or disapproval of her parents.
Accordingly, the instant habeas corpus petition is allowed. The corpus,
Bhumika, is set at liberty to reside with the person of her choice and at a
place of her choice, of her own free will.
The State authorities as well as respondent nos. 2 and 3 are directed to
extend necessary safety and security to the corpus and her husband 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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