Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1438 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submits that the corpus, Smt. Vandana, and the petitioner, Omkar Sahanee, were residing in a live-in relationship and had also solemnized their marriage. In support of the said submission, he has filed a joint affidavit sworn by both of them. He further submits that the corpus is presently in the illegal custody of respondent No. 3, Sugreev, who is the father of the corpus. Learned counsel submits that, being the husband of the corpus, the petitioner is entitled to her custody. 2. Per contra, learned A.G.A., on the basis of instructions received, submits that the corpus is presently residing voluntarily with her parents. He further submits that the corpus herself lodged an F.I.R. on 21st September, 2026, being Case Crime No. 221 of 2026, under Sections 127(2), 123, 64(1) and 351(2) of the B.N.S., at Police Station Dohrighat, District Mau, alleging her forcible abduction, rape and other offences against the petitioner, Omkar Sahanee, and other persons. Learned A.G.A. submits that, in view of the aforesaid facts, the corpus is neither in the illegal detention of the respondent nor of any other person, but is voluntarily residing with her parents. Accordingly, no ground is made out for entertaining the present habeas corpus petition. 3. I have heard learned counsel for the parties and perused the documents annexed with the petition as well as the instructions received by learned A.G.A.
4. The documents annexed with the petition disclose that the corpus is aged Versus Counsel for Petitioner(s) : Shoab Qumar Khan Counsel for Respondent(s) : G.A. Omkar Sahanee And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
about 22 years and was allegedly residing in a live-in relationship with the petitioner. However, in the F.I.R. dated 21st September, 2026, being Case Crime No. 221 of 2026, the corpus has denied the said relationship and has alleged that she was forcibly abducted and thereafter subjected to rape by the petitioner by blackmailing her. She has also categorically denied having any marital relationship with the petitioner. 5. In view of the aforesaid facts and circumstances, it is apparent that the corpus is voluntarily residing with her parents and is not in illegal detention.
Consequently, no ground is made out for entertaining the present habeas corpus petition. 6. The petition is, accordingly, dismissed. September 30, 2026 Mayank HABC No. 1438 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad