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Allahabad High Court

DIVYA YADAVversusTHE STATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court allowed the habeas corpus petition and directed the police to provide protection and transfer the petitioner and her husband to Madhya Pradesh.

Summary

Divya Yadav, a 26‑year‑old adult, filed a habeas corpus petition claiming she was being detained against her will and fearing for her life due to her influential father. She asserted that she had married Abhishek Yadav and wished to live with him, but was being kept under the control of her parents. The petitioner and her husband sought police protection and requested to be transferred to Khajuriya Kala in Madhya Pradesh. The High Court examined whether the court could intervene under Article 21 of the Constitution to safeguard her personal liberty. Finding that she was a major and that her fear of harm was credible, the Court ordered the Commissioner of Police, Prayagraj, to place the couple under police protection and escort them to the requested location. The petition was consequently allowed.

Issues considered

  • Whether a habeas corpus petition can be entertained to provide police protection and transfer of an adult petitioner fearing for her life
  • Whether the court can direct the police to escort the petitioner and her spouse to another jurisdiction for safety

Subjects

  • habeas corpus
  • personal liberty
  • police protection
  • transfer of person
  • adult petitioner
  • fear for life
  • Article 21

Judgment

              HIGH COURT OF JUDICATURE AT ALLAHABAD

            HABEAS CORPUS WRIT PETITION No. - 560 of 2026

Divya Yadav
                                                          .....Petitioner(s)
                                 Versus
The State Of U.P. And 2 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)                 :   Rahul Kumar Yadav
Counsel for Respondent(s)                 :   G.A.

Court No. - 44
                   HON'BLE SIDDHARTH, J.
                   HON'BLE VINAI KUMAR DWIVEDI, J.

1. Corpus, Divya Yadav, has been produced before this
court by Shri Kamal Bhati, Sub-Inspector and Lady
Constable No. 597, Ms. Neha Sheraon in compliance of
the earlier order dated 11.5. 2026.

2. Corpus has given statement before this court that she
is aged about 26 years. She has married Abhishek Yadav
and wants to live with him.She is living with her
parents.Shri Abhishek Yadav is also present in the court'

3. Considering the fact that corpus is major, she is free to
go anywhere she likes.

4. The corpus and Shri Abhishek Yadav, whom she
claims to have married, have expressed fear to their
lives because father of the corpus is influential person.
They have prayed that they may be sent in police
custody to the village, Khajuriya Kala, P.S. Kachnar,
District Ashok Nagar, Madhya Prsdesh.

5. The Commissioner of Police, Prayagraj is directed to
                                                                                  HABC No. 560 of 2026
                                                          2


                                    ensure that corpus and Abhishek Yadav, are sent to the
                                    Khajuriya Kala, P.S. Kachnar, District Ashok Nagar,
                                    Madhya Prsdesh in police protection today before rising
                                    of the court.

                                    6. The police personnels accompanying the corpus are
                                    directed to report back his duty after the corpus and
                                    Shri Abhishek Yadav are sent to Madhya Pradesh in
                                    police protection by the Commissioner of Police ,
                                    Prayagraj.

                                    7. With the aforesaid directions, the Habeas Corpus
                                    petition is allowed.
                                    May 18, 2026
                                    Atul /Rohit
                                                              (Vinai Kumar Dwivedi,J.) (Siddharth,J.)




Digitally signed by :-
ROHIT DAS
High Court of Judicature at Allahabad


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