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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1259 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. By order dated 02.09.2026, the State as well as respondent no. 4 was directed to produce the corpus, Smt. Misthi, before this Court. In compliance with the said order, she has been produced before the Court by Sub-Inspector Amit Yadav, PNO 231062307 and Lady Constable Nisha Yadav, PNO 182035193, Police Station Ghoorpur, District Prayagraj. 2. This Court interacted with the corpus, Smt. Misthi, who disclosed that she is aged about 21 years and is studying in B.Sc (II) year. She further stated that she has voluntarily solemnized marriage with the petitioner, Amrend Kumar, on 03.08.2026 and wishes to reside with him at their matrimonial home. 3. This Court also interacted with the petitioner, Amrend Kumar, who acknowledged that the corpus is his legally wedded wife and stated that he wishes to reside with her at their matrimonial home. 4. This Court further interacted with respondent no. 4, Kamal Kumar Vishwakarma and his wife, who are the parents of the corpus, who appeared to be disappointed with the corpus for having solemnized marriage with the petitioner against their wishes. However, they also admitted that the corpus has attained majority and is now free to take decisions concerning her life. Versus Counsel for Petitioner(s) : Alok Kumar Pandey, Kuvar Akhilesh Singh, Susheel Kumar Pandey Counsel for Respondent(s) : G.A., Shobhit Jaiswal, Sudhir Kumar Agarwal Smt. Misthi And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. Upon interaction with the parties, it is apparent that the corpus has attained majority and, in exercise of her fundamental right guaranteed under Article 21 of the Constitution of India, has chosen the petitioner, Amrend Kumar, as her life partner and has voluntarily solemnized marriage with him on 03.08.2026. She has further expressed her desire to reside with him at their matrimonial home. 6. In view of the aforesaid facts and circumstances, the corpus, being a major woman, is at liberty to reside with a person of her choice and at a place of her choice. Her custody is accordingly handed over to the petitioner, Amrend Kumar. 7. The State as well as respondents no.
2 and 3 are directed to ensure the safety and security of the corpus and her husband and, if required, to escort them to the destination of their choice. 8. The corpus has further complained that her parents have taken possession of her original educational documents and the police are also having her mobile phone and her husband's mobile phone in their possession. 9. In view thereof, the concerned police authorities are directed to return the mobile phones and other belongings of the corpus and her husband forthwith. They are further directed to ensure that the original educational and other documents of the corpus, presently in the possession of her parents, are returned to her. 10. With the aforesaid observations and directions, the instant habeas corpus petition is allowed. September 9, 2026 Sushma HABC No. 1259 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad