2025:UHC:8312-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Habeas Corpus Petition No. 28 of 2025 18th September, 2025 Mohd. Musharraf ---Petitioner Versus State of Uttarakhand & Ors. ---Respondents -------------------------------------------------------------- Presence:- Mr. Nadeem Azad, learned counsel for the petitioner Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State. -------------------------------------------------------------- JUDGMENT : (per Sri G. Narendar, C.J.) 1. The Corpus is produced before the Court by Sub Inspector Satender Singh and Const.1397 Shakuntala, Police Station Prem Nagar, District Dehradun. 2. My Learned Brother has interacted with the Corpus as the corpus requested to interact in Hindi and she has submitted to the Court that she prefers to live with her parents and that she has come to Court from Dehradun and that her date of birth is 26.11.2003. 1 2025:UHC:8312-DB 3. In that view, the Corpus being a major and having expressed her desire to reside with her parents, in our considered opinion, the petition does not survive for further consideration. 4. Learned counsel for the petitioner would attempt to place reliance on an agreement said to have been executed between the petitioner and the Corpus to continue as live-in partners. In our opinion, the same has no legal sanctity nor is it enforceable in a proceeding under Article 226 nor is it an enforceable agreement. 5. It is settled law that no person can be compelled to lead a life with a person with whom he/she does not enjoy a cordial relationship. It is not that the petitioners are married in order to invoke the provisions of law for restitution of the relationship. In that view, present petition is rejected. (G. NARENDAR, C. J.) (SUBHASH UPADHYAY, J.) Dated: 18.09.2025 Rajni 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448a c3701a9ae475a2547e4b7f1d9b1f17d01342 , postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF 4FC80D4557562F95BEBA013F530616A158 A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.23 13:42:45 +05'30'