Allahabad High Court
SMT. PANCHALI @ PANCHO (CORPUS) AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court held that the wife is voluntarily residing with her parents and is not illegally detained, so the habeas corpus petition must be dismissed.
Summary
The petitioner, Sunil Kumar, filed a habeas corpus petition claiming that his wife, Smt. Panchali, and their two‑year‑old daughter were being unlawfully detained by him. The petitioner alleged that the wife had left the matrimonial home and that no action was taken after a police complaint. The respondent, the State, submitted that the wife voluntarily left the home on 31‑05‑2026 due to alleged cruelty and is currently residing with her parents, and that a criminal complaint has been filed by her brother under several sections of the BNS and the Dowry Prohibition Act. The court examined the affidavits and the pending criminal case and found that the wife’s residence is voluntary and not a case of illegal detention. Consequently, the court held that there is no ground for a habeas corpus writ and dismissed the petition.
Issues considered
- Whether the wife and minor child are being illegally detained, justifying a habeas corpus writ
- Whether the petitioner’s allegations establish a case for the court’s intervention under habeas corpus
Legislation cited
- BNS — s. 115(2), 316, 351(3), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- habeas corpus
- voluntary residence
- matrimonial dispute
- dowry prohibition
- criminal complaint
- child custody
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1453 of 2026
Smt. Panchali @ Pancho (Corpus) And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Sharma
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submits that the marriage of the
petitioner, Sunil Kumar, was solemnized with the corpus, Smt. Panchali @
Pancho, on 18.07.2021. Out of the said wedlock, a minor daughter, Darpana,
aged about two years, was born, who is presently in the custody of the
petitioner's wife and her relatives. In this regard, a complaint was also made
by the petitioner to the Superintendent of Police, Kasganj, on 07.08.2026;
however, no action has been taken thereon.
2. Per contra, learned A.G.A., on the basis of instructions received by him,
submits that the matter was investigated and it was found that, owing to
matrimonial discord and the cruelty and harassment allegedly meted out to
the petitioner's wife in her matrimonial home, she left her matrimonial home
along with her minor daughter and is presently residing voluntarily with her
parents. He further submits that the brother of the corpus, namely, Omkar,
has also instituted a complaint under Sections 85, 115(2), 352, 351(3) and
316 of the BNS and Section 3/4 of the Dowry Prohibition Act before the
Court of the Chief Judicial Magistrate, Kasganj. He further submits that the
corpus has also given a handwritten application to the concerned Station
House Officer stating that she voluntarily left her matrimonial home on
31.05.2026 along with her minor daughter and, since then, has been residing
with her parents and brother. Learned AGA submits that, in view of the
aforesaid facts, no case is made out for entertaining the instant habeas corpus
writ petition.
3. I have heard learned counsel for the parties and perused the documents
annexed with the writ petition as well as the instructions received by the
HABC No. 1453 of 2026
2
learned AGA.
4. The instructions received by the learned AGA prima facie disclose that
there is a matrimonial dispute between the petitioner, Sunil Kumar, and his
wife, Smt. Panchali @ Pancho. It further appears that the corpus was
subjected to cruelty and harassment in her matrimonial home, on account of
which she left her matrimonial home on 31.05.2026 along with her minor
daughter, Darpana, and is presently residing voluntarily with her parents.
Her brother, Omkar, who has been impleaded as respondent No.5, has also
instituted a complaint case under Sections 85, 115(2), 352, 351(3) and 316
of the BNS and Section 3/4 of the Dowry Prohibition Act before the Court of
the Chief Judicial Magistrate, Kasganj, which is pending consideration.
5. It is, thus, apparent that the corpus is voluntarily residing with her parents
and is not in their illegal detention. As such, no ground is made out for
entertaining the instant habeas corpus writ petition.
6. Accordingly, the instant habeas corpus writ petition is dismissed.
October 1, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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