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2025 DAILYLAW 84255 (ALL)

KUMARI RAGINI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

HABC/698/2025 · 2025-09-14

Vinod Diwakar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 698 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State, and perused the record. 2. In compliance of the order dated 29.08.2025, passed by this Court, petitioner no.1 – Kumari Ragini (corpus) has been produced before this Court. 3. Upon a query being raised by this Court, petitioner no.1 (corpus) has categorically stated that she is a major and has solemnized marriage with respondent no.3 out of her own sweet will. She has further stated that she is residing with respondent no.3 of her own sweet will and is leading a peaceful and contented matrimonial life with him, and that she has not been subjected to any force, coercion, inducement, abduction, or kept under any form of illegal detention or wrongful restraint by respondent no.3. She has also unequivocally asserted that she does not wish to go with petitioner no.2, who is her father, and intends to continue residing with respondent no.3. 4. In view of the clear and unequivocal statement made by the corpus, and considering that she is a major and legally competent to take decisions regarding her life and residence, this Court finds no material to suggest that she is under any unlawful confinement or illegal detention so as to warrant issuance of a writ of habeas corpus under Article 226 of the Constitution of India. Accordingly, the custody of the corpus shall remain with respondent no.3, with whom she has chosen to reside. 5. With the aforesaid observation, the present petition stands disposed of. September 15, 2025 A. Tripathi Versus Counsel for Petitioner(s) : Kamla Shanker Pathak Counsel for Respondent(s) : G.A. (Vinod Diwakar,J.) Kumari Ragini And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad