Allahabad High Court
RAJ SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that there is no ground to entertain the habeas corpus petition as the wife, being a major, is voluntarily residing with her father and is not unlawfully detained.
Summary
Petitioner Raj Singh filed a habeas corpus petition seeking the release of his wife Meena, who was in the legal custody of police officers. Meena appeared in court and stated that she voluntarily lives with her father because she fears her husband due to alleged assault and does not wish to reside with him. The petitioner argued that he is willing to keep his wife with him, but the wife’s refusal was clear. The court examined whether the petition fell within the scope of Article 226 of the Constitution to compel a major adult to live with her husband. Finding that Meena is a competent adult voluntarily residing elsewhere and not being unlawfully detained, the court concluded there was no ground for a habeas corpus writ. Consequently, the petition was dismissed.
Issues considered
- Whether a habeas corpus writ under Article 226 can be issued to compel a major adult wife to reside with her husband against her will
- Whether the detention of the wife by police officers constitutes unlawful detention justifying habeas corpus
Subjects
- habeas corpus
- personal liberty
- Article 226
- domestic violence
- marriage
- detention
- family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 164 of 2026
Raj Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Narayan Tiwari
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. Personal affidavit filed on behalf of respondent no.3 is taken on record.
2. Learned counsel for the petitioners submits that the corpus Meena, who
is wife of petitioner Raj Singh is in the legal detention of respondent nos.4
& 5.
3. In compliance of the previous order, the corpus Meena as well as her
husband Raj Singh are present in the Court. The corpus Meena has been
produced in the Court by Sub-Inspector Amit Nagar and Constable
Aanchal Tyagi, P.S. Badgaon, District Saharanpur.
4. The corpus, Meena, acknowledges that she is the wife of Raj Singh but
submits that she is assaulted by her husband, as such, she is not willing to
live with him in the matrimonial home and is currently residing with her
father, Gyan Singh. She further submits that she does not want to reside
with the petitioner, Raj Singh, as she fears for her life.
5. The petitioner, Raj Singh, submits that he is willing to keep his wife,
Meena, with him; however, it is apparent that the wife is not willing to
reside with the husband.
6. It is apparent that the corpus, who is major, is willingly living with her
father due to the alleged bad conduct and behaviour of her husband, Raj
Singh. As such, there is no ground to entertain this habeas corpus writ
petition under Article 226 of the Constitution of India.
HABC No. 164 of 2026
2
7. Accordingly, this habeas corpus writ petition is dismissed.
(Sandeep Jain,J.)
April 20, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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