SMT NANDANI CORPUS AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            HABEAS CORPUS WRIT PETITION No. - 356 of 2026

Smt Nandani Corpus And Another
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)       : Javed Alam
Counsel for Respondent(s)       : Chandra Kumar Singh, Dheeraj Kumar
                                  Tiwari, G.A.

Court No. - 53
                      HON'BLE SANDEEP JAIN, J.

Vakalatnama filed by Sri Chandra Kumar Singh on behalf of respondent
No.4 is taken on record.

By order dated 28.04.2026, respondent no.4, Smt. Shama, who is the
mother of the corpus, Smt. Nandani, was directed to produce the corpus
before this Court and, in faithful compliance of the said order, the
respondent no.4 has produced the corpus in Court today.

This Court interacted with the corpus, Smt. Nandani, who disclosed that
she is a major, aged about 21 years, and is presently pursuing her
Bachelor of Science (B.Sc.) course. The corpus acknowledged that she
had solemnized marriage with the petitioner, however, she unequivocally
stated that on account of the acts of cruelty, harassment and physical
assault allegedly perpetrated upon her by the petitioner, she is no longer
willing to cohabit with him. The corpus further expressed her desire to
reside with her mother, namely respondent no.4, Smt. Shama.

Respondent no.4, Smt. Shama, who is also present before this Court,
submitted that the petitioner was an orphan and had been nurtured and
brought up by her as her own son. She further stated that the corpus used
to tie Rakhi to the petitioner and, therefore, they shared a relationship akin
to that of brother and sister. According to her, the subsequent matrimonial
alliance between them has severely impaired and sullied the sanctity of
the said relationship and, as such, she does not accept their relationship in
the nature of husband and wife.
                                                                                            HABC No. 356 of 2026
                                                                   2


                                    The petitioner, Arjun Gupta, who is also present before the Court,
                                    categorically denied the allegations levelled by the corpus with regard to
                                    cruelty and physical assault.

                                    Be that as it may, since the corpus is a major and has categorically and
                                    voluntarily expressed her unwillingness to reside with the petitioner, this
                                    Court, in exercise of its extraordinary writ jurisdiction, cannot compel her
                                    to accompany or cohabit with him against her wishes. The interaction
                                    with the corpus clearly reveals that she is residing with respondent no.4
                                    out of her own volition and free will.

                                    In view thereof, no case for issuance of a writ of habeas corpus is made
                                    out, particularly when the corpus is neither under illegal detention nor
                                    under any unlawful restraint.

                                    Accordingly, the present habeas corpus petition stands dismissed with
                                    liberty to the corpus to reside and regulate her affairs in accordance with
                                    her independent choice and free will.



                                                                                             (Sandeep Jain,J.)
                                    May 7, 2026
                                    Himanshu




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad