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Allahabad High Court

MONIKA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition was dismissed as no case was made out for entertaining the habeas corpus writ.

Summary

The High Court of Allahabad entertained a habeas corpus petition filed by Monika and another petitioner seeking the production of Monika, a 19‑year‑old adult, before the court. The State complied with the earlier order and Monika was produced by her mother, Kavita. Monika testified that she had previously married petitioner No.2, Aman Kumar, but she refused to cohabit with him and expressed a desire to live with her parents. The court attempted to persuade her to reside with her husband, but she declined, and her mother offered to take custody. Since Monika is a major adult capable of making her own choices, the court found no basis to entertain the writ and dismissed the petition.

Issues considered

  • Whether a habeas corpus writ is maintainable to compel an adult who is capable of consent to reside with a spouse against her will
  • Whether the court can order custody of a major adult against her expressed wishes

Subjects

  • habeas corpus
  • personal liberty
  • custody
  • adult consent
  • marriage
  • court jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  HABEAS CORPUS WRIT PETITION No. - 466 of 2026

                                    Monika And Another
                                                                                                          .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 5 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Mohd Shah Faisal Rauf, Mohd Shah Liyaqat
                                                                             Rauf, Vivek Singh
                                    Counsel for Respondent(s)            :   G.A.

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

                                    1. Sri Manoj Kumar Singh, advocate has filed his vakalatnama on behalf of
                                    respondent no.4, which is taken on record.

                                    2. By order dated 27.04.2026, the State was directed to produce the corpus Monika
                                    before this Court and in compliance of that order, she has been produced by her
                                    mother Kavita.

                                    3. This Court interacted with the corpus and she disclosed that she was about 19 years
                                    old and she is studying in B.Sc. She further disclosed that she had earlier solemnized
                                    marriage with petitioner no.2 Aman Kumar but now she refused to cohabit with him
                                    and unequivocally expressed her desire to live with her parents.

                                    4. This Court tried to convince her to reside with her husband but she flatly refused.
                                    The petitioner no.2 Aman Kumar is also present in the Court, who expressed his
                                    desire to take the corpus with him but he could not succeed in persuading the corpus
                                    to accompany with him.

                                    5. This Court also interacted with the mother of the corpus, who expressed her
                                    willingness to take the custody of the corpus. The corpus is major, who is not willing
                                    to reside with the petitioner no.2 Aman Kumar, as such, this Court has no option and
                                    has handed over the corpus to her mother.

                                    6. In view of the above fact, no case is made out for entertaining this habeas corpus
                                    writ petition.

                                    7. Accordingly, this habeas corpus writ petition is dismissed.

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




Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad


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