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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1235 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. By order dated 31.08.2026, the State was directed to produce the corpus, Pooja Chauhan, before this Court. In compliance with the said order, she has been produced before the Court by Sub-Inspector Mohd. Arshad Khan, PNO No. 192327884 and Lady Constable Nidhi Singh, PNO 212322091, Police Station Jhagahan, District Gorakhpur. 2. This Court interacted with the corpus, Pooja Chauhan, who disclosed that she is aged about 23 years and is pursuing LL.B. (IIIrd Semester). She has denied having solemnized marriage with the petitioner on 15.03.2022 and has stated that she has no relationship with him. At present, she is voluntarily residing with her parents and does not want to reside with the petitioner. 3. The corpus has admitted that the petitioner had provided her financial assistance but she has stated that she has returned the money received from him. She has categorically denied having any relationship with the petitioner. 4. This Court has also interacted with the petitioner, Durgesh Kumar, who has reiterated that he has solemnized marriage with the corpus on 15.03.2022 in a temple and, therefore, claims that he is entitled to her custody. 5. However, it is apparent that the corpus has categorically denied having solemnized any marriage with the petitioner and has also denied having any relationship with him. In such circumstances, the custody of the Versus Counsel for Petitioner(s) : Dhananjay Kumar Counsel for Respondent(s) : G.A., Shubham Kumar Dubey Smt Pooja Chauhan And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
corpus cannot be handed over to the petitioner. 6. This Court has further interacted with the mother of the corpus who has disclosed that the corpus is her daughter and she is voluntarily residing with her. 7. From the interaction with the parties, it is apparent that the petitioner claims custody of the corpus on the ground that he has solemnized marriage with her on 15.03.2022. However, the corpus has refused to acknowledge the said relationship and has categorically stated that she never solemnized any marriage with the petitioner and has no relationship with him. 8. It is further apparent that the corpus is a major and is residing voluntarily with her parents. She has expressed her unwillingness to reside with the petitioner.
No ground for interference in the present habeas corpus petition is, therefore, made out. 9. Accordingly, the instant habeas corpus petition is dismissed. The corpus is at liberty to reside with the person of her choice and at her preferred destination. September 9, 2026 Sushma HABC No. 1235 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad