HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1406 of 2026 Court No. - 42 HON'BLE ATUL SREEDHARAN, J. HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the petitioners and learned counsel for the State. 2. The present petition has been filed by the petitioner no.1 Kishore who is the husband of the petitioner no.2, who is only referred to as 'X' in this order because she is the prosecutrix in a POCSO case where the petitioner no.1 is the accused. 3. The first information report has been registered against the petitioner no.1 on account of having allegedly eloped with the petitioner no.2. The petitioners say that they have got married to each other. The petitioner no.2 corpus, is presently lodged at Nari Niketan, Vrindavan, Mathura from where she has been produced by SI PNO 900900455 Padam Singh and Constable PNO 252678170 Neha Rai of Police Station Katra, District Shahjahanpur, before this Court. 4. This Court asked the corpus as to with whom she wants to stay. She has categorically stated that she wants to stay with the petitioner no.1 who is her husband. 5. As regards her age, learned counsel for the State has fairly brought to the notice of the Court that there is an affidavit of the father of the corpus which clearly discloses that she never went to the school. Therefore, the primary document of the age is not available in Versus Counsel for Petitioner(s) : Ravi Shanker Tiwari Counsel for Respondent(s) : G.A. Kishore And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) this case which is a school leaving certificate. The marriage certificate of Arya Samaj is at page no.11 of the petition. 6. In the absence of a school leaving certificate or mark-sheet statement disclosing the age of the corpus, the police in the course of the investigation had got her ossification test done which is at page no.32 of the petition which shows that the ossification test was done by a Board of four doctors which has assessed the age of the corpus to be between 17-18 years. This document was prepared at the instance of SI Padam Singh of Police Station Katra, District Shahjahanpur in the criminal case pending against the petitioner no.1. The said document is not disputed by the State. 7. Thus, in the absence of a school leaving certificate or mark-sheet statement showing a different age of the corpus and taking into account the ossification test, this Court is of the opinion that the corpus is an adult and can no longer be restrained against her will, therefore, she is free to go with her husband. 8. Learned counsel for the State, in all fairness, informs the Court that the father of the corpus has now refused to keep her as she is in the family way. 9. Under the circumstances, the corpus is free to go with her husband from the Court premises itself. The State or its entities shall no longer be responsible as regards her well-being. The petitioner no.1, however, shall give his name and address to the police Thana under whose jurisdiction he resides. 10. Further appearance of SI Padam Singh and Constable Neha Rai of Police Station Katra, District Shahjahanpur before this Court is dispensed with. 11. With the above, the present petition stands disposed of. September 30, 2026 rkg HABC No. 1406 of 2026 2 (Achal Sachdev,J.) (Atul Sreedharan,J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad