HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 846 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners as well as the learned Additional Government Advocate appearing on behalf of the State-respondents. 2. The present writ petition has been preferred with a prayer for issuance of a direction to the respondent authorities to produce petitioner no.1 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent nos. 4 and 5. 3. Learned counsel for petitioner no.2 submits that both petitioner no.1 and petitioner no.2 are major and were in a consensual relationship. It is stated that they have solemnized their marriage on 26.02.2024 at Arya Samaj Mandir, 92 Model Town, G.T. Road, Ghaziabad, and the said marriage has also been duly registered before the Sub-Registrar, District Ghaziabad. It is further submitted that respondent nos.4 and 5, being aggrieved by the said marriage, have allegedly taken away petitioner no.1 (corpus) against her will and are restraining her from living with petitioner no.2. It is alleged that petitioner no.2 has also been subjected to threats of dire consequences in the event he attempts to contact or visit respondent nos.4 and 5. In this regard, it is stated that petitioner no.2 has made a written complaint to the Station House Officer, Bhadohi, through registered post on 17.03.2025, but no action has been taken thereon till date. 4. Per contra, learned A.G.A. submits that remedy of habeas corpus is not maintainable, as it cannot be invoked in matters involving matrimonial discord or custody disputes arising out of failed marital relationships, unless there is clear evidence of illegal detention. Versus Counsel for Petitioner(s) : Dheeraj Kumar Dubey Counsel for Respondent(s) : G.A. Khushi Shukla And Another .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) 5. The writ of habeas corpus is an extraordinary and prerogative remedy intended to provide immediate relief in cases of illegal or unlawful detention. It is not a remedy available as a matter of course, particularly in matrimonial disputes where other legal remedies under civil and criminal law are open to the aggrieved party. 6. In the present case, the petitioners have failed to establish any instance of unlawful detention or illegal restraint upon the personal liberty of petitioner no.1. The veracity and genuineness of the alleged marriage and the marriage certificate cannot be adjudicated or verified at this stage in these proceedings. It appears that petitioner no.1 (corpus) has voluntarily gone to reside with her parents out of her own free will. In the absence of any prima facie material indicating coercion, forceful confinement, or illegal custody, no ground is made out for invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India. 7. In view of the above, and keeping in mind the alternative remedies available under the appropriate civil and criminal fora, this Court finds no merit in the present writ petition. 8. Accordingly, the writ petition is dismissed. September 17, 2025 A. Tripathi HABC No. 846 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad