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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1357 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. Sri Manoj Kumar Yadav, learned counsel, has filed his appearance on behalf of respondent nos. 4 to 6 in Court today, which is taken on record. 2. By order dated 16.09.2026, the State was directed to produce the corpus Smt. Sonali Yadav and minor corpus Abhinav before this Court, and in compliance of that order, they have been produced by Sub-Inspector Ravi Kant Chauhan (P.N.O.152765521), Laduy Constable Yogita Singh (P.N.O.252191466) and Constable Ramesh Chauhan (P.N.O.202190354), Police Station Baluwa, District Chandauli. 3. This Court interacted with the corpus, Smt. Sonali Yadav, who disclosed that she is about 22 years of age and is educated up to Class V. She submitted that she had voluntarily solemnized marriage with the petitioner, Akash Rai, in the year 2020 and that, thereafter, on 19.05.2024, the minor corpus, Abhinav, was born out of the said wedlock. She further submitted that for the last one and a half years, she had been in the custody of her parents against her wishes, but now she wants to reside with her husband in their matrimonial home. 4. This Court also interacted with the petitioner, Akash Rai, who acknowledged his matrimonial relationship with the corpus and submitted that he wants to reside with her in their matrimonial home. 5. This Court further interacted with respondent nos. 4 and 5, namely, Chhedi Yadav and Kushum Yadav, who are the parents of the corpus. Versus Counsel for Petitioner(s) : Amit Singh, Kamlesh Kumar Gangwar, Laxmi Sagar Rajbhar Counsel for Respondent(s) : G.A., Manoj Kumar Yadav Smt Sonali Yadav Corpus And 2 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
They submitted that the corpus had solemnized marriage with the petitioner against their wishes, as the petitioner belongs to another caste. They admitted that the corpus had been residing with them. 6. Upon interaction with the parties, it is apparent that the corpus, Smt. Sonali Yadav, has attained majority and, in exercise of her fundamental right guaranteed under Article 21 of the Constitution of India, has voluntarily solemnized marriage with the petitioner, Akash Rai, and now wishes to reside with him in their matrimonial home. 7. Accordingly, the instant habeas corpus petition is allowed.
The corpus, Smt. Sonali Yadav, along with her minor son, Abhinav, is set at liberty to reside with the person of her choice at the place of her choice. 8. The State as well as respondent nos. 2 and 3 are directed to provide safety and security to the corpus and her husband, Akash Rai, and, if required, to escort them safely to the place of their choice. October 1, 2026 Mayank HABC No. 1357 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad