Allahabad High Court
SHIVANI SHARMAversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court held that a competent adult may reside with her husband and granted custody to him, dismissing the parents' claim.
Summary
The High Court entertained a habeas corpus petition filed by the State of U.P. and others seeking custody of Shivani Sharma, a major adult who had married Banti Kumar against her parents' wishes. The petitioners alleged that Shivani was being unlawfully detained by her parents and sought a court order for her release. Upon production before the court, Shivani voluntarily affirmed her marriage and expressed a desire to reside with her husband at his matrimonial home. The husband also consented to take custody of Shivani. Considering that Shivani is a competent adult, the Court held that she may reside as per her own wishes and ordered that custody be given to her husband, directing the police to ensure her safety. The habeas corpus petition was consequently disposed.
Issues considered
- Whether a habeas corpus petition is maintainable to compel the release of a major adult who has voluntarily married against parental wishes.
- Whether the court can order custody of a competent adult to her husband despite objections from her parents.
- Whether the adult's right to reside with her spouse overrides parental claims over her person.
Subjects
- habeas corpus
- custody
- adult
- marriage
- personal liberty
- family law
- right to reside
- parental rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 282 of 2026
Shivani Sharma
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Afzal Husain, Mohd Qasim
Counsel for Respondent(s) : Rahul Kumar Jadaun, G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. By order dated 27.04.2026, the respondent no.6, Girish Sharma, who is
father of corpus Smt. Shivani Sharma, was directed to produce the corpus
before this Court and in compliance of that order, she has been produced
before this Court by respondent no.6, who has been accompanied by his
wife, Smt. Mamta Sharma.
2. This Court interacted with corpus Smt. Shivani Sharma, who disclosed
that she is major and has voluntarily solemnized marriage with petitioner
no.2 Banti Kumar. She now wants to reside with her husband, petitioner
no. 2, Banti Kumar, at her matrimonial home. The petitioner no.2, Banti
Kumar is also present, who also admitted that corpus is his wife and is
ready to take the custody of the corpus.
3. It is apparent that the corpus has solemnized marriage against the
wishes of her parents, who are present in the Court, who are disconsolate
and inconsolable, who tried their best to persuade the corpus keeping in
view her future, that she reside with them but she flatly declined and
reiterated her desire to cohabit with her husband Banti Kumar in his
matrimonial home.
4. In view of the facts, this Court has no other option but to give the
custody of the corpus to the petitioner no.2 Banti Kumar.
5. Accordingly, the corpus being major is permitted to reside as per her
wishes.
HABC No. 282 of 2026
2
6. With these observations, the above habeas corpus petition is disposed
of.
7. The State and the S.H.O. of Police Station Rajpura, District Sambhal
are directed to ensure the safety of the corpus along with the petitioner
no.2 Banti Kumar.
(Sandeep Jain,J.)
May 6, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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