Allahabad High Court
SMT RIYA AGRAHARI @ SHRISTI AND ANOTHERversusTHE STATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court held that, given the wife's consent to reside with her husband and the husband's assurance of non‑cruelty, the habeas corpus petition was disposed and the husband was directed to take custody of his wife at her parental home.
Summary
The petitioners, Smt. Riya Agrahari and another, filed a habeas corpus petition seeking the production of the wife, who was alleged to be subjected to cruelty by her husband, Nihit Kumar Agrahari. The court examined the wife's statement that she would reside with her husband if he assured non‑cruelty, and the husband's denial of any misconduct coupled with his assurance to maintain a cordial matrimonial home. The parents of the wife also expressed willingness for her to stay with the husband provided she is safe. Considering the wife's consent and the husband's assurances, the court found no basis to continue the petition. Consequently, the court directed the husband to take custody of his wife at her parental home, with private respondents cooperating. The habeas corpus petition was therefore disposed.
Issues considered
- Whether the habeas corpus petition seeking the production and custody of the wife should be entertained in view of allegations of cruelty.
- Whether the court can direct the husband to take custody of his wife at her parental home based on her consent and the husband's assurances.
Subjects
- habeas corpus
- marital custody
- domestic violence
- cruelty
- family law
- protective orders
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 424 of 2026
Smt Riya Agrahari @ Shristi And Another
.....Petitioner(s)
Versus
The State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Singh
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
By order dated 21.04.2026, the respondents were directed to produce the
corpus, Smt. Riya Agrahari @ Shristi, who is the wife of petitioner Nihit
Kumar Agrahari. In compliance with that order, the corpus has been
produced by Sub-Inspector Utkarsh Mishra and Lady Constable Khashbu
Maurya, Police Station Hathgaon, District Fatehpur.
This Court interacted with Smt. Riya Agrahari @ Shristi, who acknowledged
that she is the wife of petitioner Nihit Kumar Agrahari, but submitted that,
due to acts of cruelty, physical and mental harassment, she does not wish to
reside with her husband. She further submitted that if her husband provides
an assurance that he will not commit such acts in the future, she is willing to
reside with him.
The petitioner, Nihit Kumar Agrahari, who is present, submitted that the
allegations levelled by the corpus are false, and that he has never assaulted
or harassed his wife. However, keeping in view the honour of this Court, he
assured that he will not engage in any act that may offend the corpus and
will maintain her in his matrimonial home in a cordial atmosphere. He
further assured that he will not prevent her from communicating with her
parents.
The parents of the corpus are also present and submitted that they wish for
the corpus to reside with the petitioner, provided that she remains safe and is
not assaulted or harassed by him.
Keeping in view the above facts, it is apparent that the corpus is the wife of
HABC No. 424 of 2026
2
petitioner Nihit Kumar Agrahari and has consented to reside with her
husband in her matrimonial home. The petitioner has also assured that he
will maintain the corpus happily and will not commit any act to offend her.
In view of this, the petitioner is directed to visit the parental home of his
wife, Smt. Riya Agrahari @ Shristi, to take her custody. Private respondents
no. 4 and 5 have assured that they will fully cooperate and hand over the
custody of the corpus to her husband at her parental home.
Accordingly, the instant habeas corpus petition is disposed of.
(Sandeep Jain,J.)
May 5, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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