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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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