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2026 DAILYLAW 11816 (ALL)

KM. AVANTIKA (CORPUS) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/1361/2026 · 2026-09-29

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1361 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. On 17.09.2026, the State as well as respondent no.4 was directed to produce the corpus, Avantika, before this Court. In compliance with the said order, the corpus has been produced before this Court by SI Nagendra Kumar PNO No.231274951 and Lady Constable Ranju PNO No.962440089, Police Station Jhunsi, District Prayagraj. This Court interacted with the corpus, Avantika, who disclosed that she is aged about 23 years, is educated, and has completed her M.A. in Hindi. She further submitted that she had voluntarily solemnized marriage with respondent no.4, Sachin Yadav, on 03.09.2026 and that she presently desires to reside with him at their matrimonial home. She further stated that she is residing with her husband of her own free will and is not in the illegal custody or detention of any person. This Court also interacted with respondent no.4, Sachin Yadav, who acknowledged his matrimonial relationship with the corpus and submitted that the corpus is residing with him voluntarily at their matrimonial home. This Court further interacted with the parents of the corpus, who acknowledged that the corpus has attained the age of majority and also acknowledged her marriage with respondent no.4. Upon interaction with the parties, it is apparent that the corpus has attained the age of majority and, in exercise of her fundamental right guaranteed under Article 21 of the Constitution of India, has chosen Versus Counsel for Petitioner(s) : Deepak Kumar Pandey Counsel for Respondent(s) : G.A., Mohit Singh, Pavanesh Kumar Yadav Km. Avantika (Corpus) And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) respondent no.4, Sachin Yadav, as her life partner and has voluntarily solemnized marriage with him. She has expressed her desire to reside with him at their matrimonial home. It is, thus, apparent that the corpus is residing with her husband of her own free will and is not in the illegal custody or detention of any person. Accordingly, no ground is made out for entertaining the present habeas corpus petition. The petition is, accordingly, dismissed. The corpus shall be at liberty to reside with the person of her choice and at a place of her choice. September 30, 2026 Himanshu HABC No. 1361 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad