Allahabad High Court
SURAJ KUMAR AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court held that the corpus was residing voluntarily with the respondent and was not illegally detained, leading to dismissal of the petition.
Summary
Petitioners Suraj Kumar and another filed a habeas corpus petition alleging that the corpus, Priyanka Kesarwani, was being illegally detained by respondent Ashish Kumar Kesarwani. The court conducted a video interview with the corpus, who affirmed that she was residing voluntarily with the respondent and had no desire to cohabit with her husband, having broken off the marital relationship. The court found that the corpus was a major woman living of her own free will and that no illegal detention existed. Consequently, there was no ground to entertain the writ under Article 226 of the Constitution. The petition was therefore dismissed.
Issues considered
- Whether the corpus is being held in illegal detention warranting a habeas corpus writ under Article 226 of the Constitution of India
Legislation cited
- Constitution of India — s. Article 226
Subjects
- habeas corpus
- illegal detention
- voluntary residence
- Article 226
- family law
- marital dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 174 of 2026
Suraj Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Shukla, Shivendra Shukla
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. On the last date the State was directed to verify the affidavit submitted
by the corpus that she was residing willingly with respondent no.5 Ashish
Kumar Kesarwani.
2. Learned counsel for the petitioners submits that the corpus Priyanka
Kesarwani is the wife of Suraj Kumar, who is in the illegal detention of
respondent no.5 Ashish Kumar Kesarwani.
3.This Court conducted a video conversation with the corpus, during
which she stated that she was not under the illegal detention of respondent
no. 5. She further expressed that she does not wish to cohabit with her
husband, Suraj Kumar, and that she has broken off her marital
relationship with him.
4. It is apparent that the corpus is a major woman, who is residing
voluntarily with respondent no.5 Ashish Kumar Kesarwani, as such, no
ground is made to entertain this habeas corpus writ petition under Article
226 of the Constitution of India.
5. 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
Checking your session…