HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1453 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. Learned counsel for the petitioner submits that the marriage of the petitioner, Sunil Kumar, was solemnized with the corpus, Smt. Panchali @ Pancho, on 18.07.2021. Out of the said wedlock, a minor daughter, Darpana, aged about two years, was born, who is presently in the custody of the petitioner's wife and her relatives. In this regard, a complaint was also made by the petitioner to the Superintendent of Police, Kasganj, on 07.08.2026; however, no action has been taken thereon. 2. Per contra, learned A.G.A., on the basis of instructions received by him, submits that the matter was investigated and it was found that, owing to matrimonial discord and the cruelty and harassment allegedly meted out to the petitioner's wife in her matrimonial home, she left her matrimonial home along with her minor daughter and is presently residing voluntarily with her parents. He further submits that the brother of the corpus, namely, Omkar, has also instituted a complaint under Sections 85, 115(2), 352, 351(3) and 316 of the BNS and Section 3/4 of the Dowry Prohibition Act before the Court of the Chief Judicial Magistrate, Kasganj. He further submits that the corpus has also given a handwritten application to the concerned Station House Officer stating that she voluntarily left her matrimonial home on 31.05.2026 along with her minor daughter and, since then, has been residing with her parents and brother. Learned AGA submits that, in view of the aforesaid facts, no case is made out for entertaining the instant habeas corpus writ petition. 3. I have heard learned counsel for the parties and perused the documents annexed with the writ petition as well as the instructions received by the Versus Counsel for Petitioner(s) : Pankaj Kumar Sharma Counsel for Respondent(s) : G.A. Smt. Panchali @ Pancho (Corpus) And 2 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) learned AGA. 4. The instructions received by the learned AGA prima facie disclose that there is a matrimonial dispute between the petitioner, Sunil Kumar, and his wife, Smt. Panchali @ Pancho. It further appears that the corpus was subjected to cruelty and harassment in her matrimonial home, on account of which she left her matrimonial home on 31.05.2026 along with her minor daughter, Darpana, and is presently residing voluntarily with her parents. Her brother, Omkar, who has been impleaded as respondent No.5, has also instituted a complaint case under Sections 85, 115(2), 352, 351(3) and 316 of the BNS and Section 3/4 of the Dowry Prohibition Act before the Court of the Chief Judicial Magistrate, Kasganj, which is pending consideration. 5. It is, thus, apparent that the corpus is voluntarily residing with her parents and is not in their illegal detention. As such, no ground is made out for entertaining the instant habeas corpus writ petition. 6. Accordingly, the instant habeas corpus writ petition is dismissed. October 1, 2026 Jitendra HABC No. 1453 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad