Allahabad High Court
PRIYA (CORPUS) AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The corpus is a competent adult not in illegal custody; therefore, the habeas corpus petition is dismissed.
Summary
The petitioners, Amit Kumar, filed a habeas corpus petition alleging that the corpus, Priya, was being unlawfully detained and forced to cohabit with him. The court ordered the father, Rajendra Yadav, to produce Priya, who testified that she has never married Amit Kumar and only maintains a friendship, expressing no desire to live with him. The father corroborated that Priya wishes to reside with him. The court observed that Priya, a competent adult, is not in illegal custody and has freely expressed her wish to stay with her father. Consequently, the court found no basis to entertain the habeas corpus petition and dismissed it.
Issues considered
- Whether Priya is being held in illegal custody contrary to her personal liberty
- Whether the petitioner is entitled to a habeas corpus order to compel cohabitation
Subjects
- habeas corpus
- illegal detention
- personal liberty
- marriage
- cohabitation
- women's rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 276 of 2026
Priya (Corpus) And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Tiwari, Vikas Yadav
Counsel for Respondent(s) : Shrawan Kumar Tripathi, G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
The counter-affidavit filed by the learned AGA is taken on record.
By order dated 28.04.2026, private respondent no. 4, Rajendra Yadav, who
is the father of the corpus, Priya, was directed to produce the corpus. In
compliance with that order, he has produced the corpus Priya before this
Court.
This Court interacted with the corpus, who stated that she has never
solemnized marriage with the petitioner, Amit Kumar. She disclosed that she
was only in a friendship with him and categorically stated that no marriage
has been solemnized. She further submitted that she does not want to cohabit
with the petitioner Amit Kumar and that she is happily residing with her
father, Rajendra Yadav.
Respondent no. 4 is also present and submits that the corpus wants to reside
with him. It is apparent that the corpus is a major woman who does not want
to reside with the petitioner and is not in the illegal custody of any person.
Accordingly, no ground is made out for entertaining this habeas corpus
petition.
The petition is, therefore, dismissed.
(Sandeep Jain,J.)
May 5, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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