Allahabad High Court
ANUJ KUMAR AND ANOTHERversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The court held that Shivani is not in illegal detention and therefore the habeas corpus petition cannot be entertained.
Summary
Petitioner Anuj Kumar filed a habeas corpus petition alleging that his wife, Shivani, was being held illegally by respondents 4 and 5. The court ordered the police to produce Shivani, who testified that she is a major, lives voluntarily with her husband Rajeev, and does not wish to reside with petitioner Anuj Kumar. The petitioner contested her statement, but the court found no evidence of unlawful confinement. Relying on the fact that Shivani was free to choose her residence, the court concluded that there was no ground for a writ under Article 226. Consequently, the habeas corpus petition was dismissed.
Issues considered
- Whether the petitioner is entitled to relief under a habeas corpus writ on the ground that his wife is in illegal detention
Subjects
- habeas corpus
- illegal detention
- Article 226
- personal liberty
- custody
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 337 of 2026
Anuj Kumar And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioners submits that the corpus Smt.
Shivani, who is the wife of petitioner no.1 Anuj Kumar is in the illegal
custody of respondent nos.4 and 5.
2. In compliance of the order dated 02.04.2026, the corpus Smt. Shivani
has been produced in this Court by Sub-Inspector Satya Prakash, P.S.
Chhibramau, District Kannauj, who submits that she is residing willingly
with her husband Rajeev and she does not want to reside with the
petitioner no.1 Anuj Kumar. The corpus further disclosed that she is
major and she is not in the illegal detention of any person.
3. The petitioner no.2 Anuj Kumar is also present, who submits that the
corpus is his wife but it is evident that the corpus has refused to reside
with the petitioner no.1 Anuj Kumar.
4. In these circumstances, it is apparent that the corpus is not in the illegal
detention of any person, as such, there is no ground 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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