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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

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


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