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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1290 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submitted that the corpus, Palak Maiti, aged about 18 years, is the daughter of the petitioner, Khitin Maiti, who had initially gone missing. In this regard, a missing person report was registered on 26.07.2026 at Police Station Chakeri, District Kanpur Nagar. Subsequently, it came to the knowledge of the petitioner that the corpus was in the custody of private respondent No. 4, Sagar Kumar, and was involuntarily residing with him. 2. Learned A.G.A., on the basis of the instructions received by him, submitted that the corpus has attained the age of majority and has voluntarily solemnized marriage with respondent No. 4, Sagar Kumar, and is presently residing with him of her own free will. He further submitted that the corpus has also given a handwritten statement to the police under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is on record. 3. It was further submitted that the corpus and her husband, Sagar Kumar, had jointly instituted Writ-C No. 30463 of 2026, Smt. Palak Maiti and Another versus State of U.P. and Others, seeking police protection and a direction restraining the respondents from interfering in their marital life. The said writ petition was allowed by a Coordinate Bench of this Court vide order dated
04.08.2026. 4. Learned A.G.A. submitted that, in view of the aforesaid facts, it is apparent that the corpus is voluntarily residing with her husband and is not under the illegal detention of any person. Consequently, no ground is made out for entertaining the present habeas corpus writ petition. 5. I have heard learned counsel for the parties and perused the material brought on record, including the documents annexed with the writ petition and the instructions received by the learned A.G.A. Versus Counsel for Petitioner(s) : Amrendra Singh Counsel for Respondent(s) : G.A. Palak Maiti .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
6. The instructions received by the learned A.G.A. disclose that the date of birth of the corpus, Palak Maiti, is 13.03.2008 and, accordingly, she has attained the age of majority.
It is further apparent that, pursuant to the missing person report lodged by the petitioner, the matter was investigated, the corpus was traced and her statement was recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In her statement, she unequivocally stated that she had voluntarily solemnized marriage with respondent No. 4, Sagar Kumar, and is presently residing with him in her matrimonial home of her own free will. 7. It is further evident that the corpus and respondent No. 4, Sagar Kumar, had jointly instituted Writ-C No. 30463 of 2026, Smt. Palak Maiti and Another versus State of U.P. and Others, which was allowed by a Coordinate Bench of this Court vide order dated 04.08.2026, whereby police protection was granted to them and the respondents were restrained from interfering in their peaceful marital life. 8. In view of the aforesaid facts and circumstances, it is apparent that the corpus has attained the age of majority and, in exercise of her right to life and personal liberty guaranteed under Article 21 of the Constitution of India, has voluntarily solemnized marriage with respondent No. 4, Sagar Kumar. She is presently residing with him in her matrimonial home of her own free will. It is also evident that she is not under the illegal detention or confinement of any person. 9. Accordingly, no ground is made out for entertaining the present habeas corpus writ petition. 10. The instant habeas corpus writ petition is, accordingly, dismissed. September 8, 2026 Jitendra HABC No. 1290 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad