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2026 DAILYLAW 4101 (ALL)

MONIKA AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

HABC/466/2026 · 2026-05-06

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. - 466 of 2026 Court No. - 53 HON'BLE SANDEEP JAIN, J. 1. Sri Manoj Kumar Singh, advocate has filed his vakalatnama on behalf of respondent no.4, which is taken on record. 2. By order dated 27.04.2026, the State was directed to produce the corpus Monika before this Court and in compliance of that order, she has been produced by her mother Kavita. 3. This Court interacted with the corpus and she disclosed that she was about 19 years old and she is studying in B.Sc. She further disclosed that she had earlier solemnized marriage with petitioner no.2 Aman Kumar but now she refused to cohabit with him and unequivocally expressed her desire to live with her parents. 4. This Court tried to convince her to reside with her husband but she flatly refused. The petitioner no.2 Aman Kumar is also present in the Court, who expressed his desire to take the corpus with him but he could not succeed in persuading the corpus to accompany with him. 5. This Court also interacted with the mother of the corpus, who expressed her willingness to take the custody of the corpus. The corpus is major, who is not willing to reside with the petitioner no.2 Aman Kumar, as such, this Court has no option and has handed over the corpus to her mother. 6. In view of the above fact, no case is made out for entertaining this habeas corpus writ petition. 7. Accordingly, this habeas corpus writ petition is dismissed. May 7, 2026 Jitendra Versus Counsel for Petitioner(s) : Mohd Shah Faisal Rauf, Mohd Shah Liyaqat Rauf, Vivek Singh Counsel for Respondent(s) : G.A. (Sandeep Jain,J.) Monika And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad