Allahabad High Court
PRINCE PRATAP SINGHversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
Since Muskan is a major adult who voluntarily married the petitioner and wishes to reside with him, the court ordered her custody to be handed over to Prince Pratap Singh.
Summary
The petition under habeas corpus was filed by Prince Pratap Singh seeking the release and custody of Muskan, who had been produced before the court by police officials. Muskan, a 22‑year‑old B.Sc. student, testified that she is lawfully married to the petitioner and wishes to live with him. The petitioner also affirmed the marriage and requested custody. The court noted that Muskan is a major adult capable of making her own choices regarding marriage and residence. Accordingly, the court ordered that custody of Muskan be handed over to Prince Pratap Singh and directed the police to ensure their safety. The habeas corpus petition was therefore disposed of.
Issues considered
- Whether a habeas corpus petition can be entertained to obtain custody of an adult woman who claims to be married to the petitioner
- Whether the court can order the release of the adult woman based on her own declaration of marriage and desire to reside with the petitioner
Subjects
- habeas corpus
- custody
- marriage
- adult
- personal liberty
- court order
- safety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 465 of 2026
Prince Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Sharma, Kapil Kumar
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. By order dated 27.04.2026, the State was directed to produce the
corpus Muskan and in compliance of that order, she has been produced
before this Court by S.I. Ashok Kumar, PNO No.952413284 and Mahila
Constable 1222 Hema, PNO No.212260155.
2. This Court interacted with the corpus, Muskan, who disclosed that she
is 22 years of age and is pursuing a B.Sc. degree. She further disclosed
that she has solemnized marriage with petitioner Prince Pratap Singh and
she wants to reside with him in her matrimonial home. The petitioner,
Prince Pratap Singh, is also present, who also admitted that the corpus is
his legally wedded wife and wants to take custody of the corpus.
3. Since the corpus is major, who is entitled to solemnize marriage as per
her wishes and also she is at liberty to reside according to her wishes.
Hence, the custody of the corpus Muskan is handed over to the petitioner
Prince Pratap Singh.
4. Accordingly, the above habeas corpus petition is disposed of.
5. The State and the S.H.O. of Police Station Kayamganj, District
Farrukhabad are directed to ensure the safety of the corpus along with the
petitioner Prince Pratap Singh.
(Sandeep Jain,J.)
May 6, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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