Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 356 of 2026 Court No. - 53 HON'BLE SANDEEP JAIN, J. Vakalatnama filed by Sri Chandra Kumar Singh on behalf of respondent No.4 is taken on record. By order dated 28.04.2026, respondent no.4, Smt. Shama, who is the mother of the corpus, Smt. Nandani, was directed to produce the corpus before this Court and, in faithful compliance of the said order, the respondent no.4 has produced the corpus in Court today. This Court interacted with the corpus, Smt. Nandani, who disclosed that she is a major, aged about 21 years, and is presently pursuing her Bachelor of Science (B.Sc.) course. The corpus acknowledged that she had solemnized marriage with the petitioner, however, she unequivocally stated that on account of the acts of cruelty, harassment and physical assault allegedly perpetrated upon her by the petitioner, she is no longer willing to cohabit with him. The corpus further expressed her desire to reside with her mother, namely respondent no.4, Smt. Shama. Respondent no.4, Smt. Shama, who is also present before this Court, submitted that the petitioner was an orphan and had been nurtured and brought up by her as her own son. She further stated that the corpus used to tie Rakhi to the petitioner and, therefore, they shared a relationship akin to that of brother and sister. According to her, the subsequent matrimonial alliance between them has severely impaired and sullied the sanctity of the said relationship and, as such, she does not accept their relationship in the nature of husband and wife. Versus Counsel for Petitioner(s) : Javed Alam Counsel for Respondent(s) : Chandra Kumar Singh, Dheeraj Kumar Tiwari, G.A. Smt Nandani Corpus And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
The petitioner, Arjun Gupta, who is also present before the Court, categorically denied the allegations levelled by the corpus with regard to cruelty and physical assault. Be that as it may, since the corpus is a major and has categorically and voluntarily expressed her unwillingness to reside with the petitioner, this Court, in exercise of its extraordinary writ jurisdiction, cannot compel her to accompany or cohabit with him against her wishes. The interaction with the corpus clearly reveals that she is residing with respondent no.4 out of her own volition and free will.
In view thereof, no case for issuance of a writ of habeas corpus is made out, particularly when the corpus is neither under illegal detention nor under any unlawful restraint. Accordingly, the present habeas corpus petition stands dismissed with liberty to the corpus to reside and regulate her affairs in accordance with her independent choice and free will. May 7, 2026 Himanshu HABC No. 356 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad