Allahabad High Court
SMT SONALI YADAV CORPUS AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court held that an adult woman has an absolute right to personal liberty and choice of residence under Article 21, and therefore the habeas corpus petition was allowed.
Summary
The High Court heard a habeas corpus petition filed by Smt. Sonali Yadav, an adult woman, who claimed she was being kept in her parents' custody against her wishes after voluntarily marrying Akash Rai in 2020 and having a child in 2024. The petition sought her release to reside with her husband. The court examined whether an adult, having attained majority, can be detained by her parents and whether her fundamental right to personal liberty under Article 21 was being violated. It found that Sonali Yadav, being a competent adult, has the right to choose her residence and marital partner, and that her continued confinement was unlawful. Accordingly, the court allowed the habeas corpus petition, ordering that she and her minor son be set at liberty to reside with her husband, and directed the State and respondents to ensure their safety.
Issues considered
- Whether an adult woman can be detained by her parents against her will under the Constitution of India
- Whether a habeas corpus writ is appropriate to secure the personal liberty of a person who has attained majority
- Whether the State has a duty to provide safety and escort to the petitioner and her husband after release
Legislation cited
- Constitution of India — s. Article 21
Subjects
- habeas corpus
- personal liberty
- Article 21
- adult woman
- marriage
- custodial detention
- family dispute
- caste
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1357 of 2026
Smt Sonali Yadav Corpus And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Singh, Kamlesh Kumar Gangwar,
Laxmi Sagar Rajbhar
Counsel for Respondent(s) : G.A., Manoj Kumar Yadav
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Sri Manoj Kumar Yadav, learned counsel, has filed his appearance on
behalf of respondent nos. 4 to 6 in Court today, which is taken on record.
2. By order dated 16.09.2026, the State was directed to produce the corpus
Smt. Sonali Yadav and minor corpus Abhinav before this Court, and in
compliance of that order, they have been produced by Sub-Inspector Ravi
Kant Chauhan (P.N.O.152765521), Laduy Constable Yogita Singh
(P.N.O.252191466) and Constable Ramesh Chauhan (P.N.O.202190354),
Police Station Baluwa, District Chandauli.
3. This Court interacted with the corpus, Smt. Sonali Yadav, who
disclosed that she is about 22 years of age and is educated up to Class V.
She submitted that she had voluntarily solemnized marriage with the
petitioner, Akash Rai, in the year 2020 and that, thereafter, on 19.05.2024,
the minor corpus, Abhinav, was born out of the said wedlock. She further
submitted that for the last one and a half years, she had been in the
custody of her parents against her wishes, but now she wants to reside
with her husband in their matrimonial home.
4. This Court also interacted with the petitioner, Akash Rai, who
acknowledged his matrimonial relationship with the corpus and submitted
that he wants to reside with her in their matrimonial home.
5. This Court further interacted with respondent nos. 4 and 5, namely,
Chhedi Yadav and Kushum Yadav, who are the parents of the corpus.
HABC No. 1357 of 2026
2
They submitted that the corpus had solemnized marriage with the
petitioner against their wishes, as the petitioner belongs to another caste.
They admitted that the corpus had been residing with them.
6. Upon interaction with the parties, it is apparent that the corpus, Smt.
Sonali Yadav, has attained majority and, in exercise of her fundamental
right guaranteed under Article 21 of the Constitution of India, has
voluntarily solemnized marriage with the petitioner, Akash Rai, and now
wishes to reside with him in their matrimonial home.
7. Accordingly, the instant habeas corpus petition is allowed. The corpus,
Smt. Sonali Yadav, along with her minor son, Abhinav, is set at liberty to
reside with the person of her choice at the place of her choice.
8. The State as well as respondent nos. 2 and 3 are directed to provide
safety and security to the corpus and her husband, Akash Rai, and, if
required, to escort them safely to the place of their choice.
(Sandeep Jain,J.)
October 1, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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