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2026 DAILYLAW 6155 (ALL)

MADHU AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/1204/2026 · 2026-09-07

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1204 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. By order dated 20.08.2026, the State was directed to produce the corpus, Madhu, before this Court. In compliance with the said order, she has been produced before the Court by Sub-Inspector Pramod Kumar Vashishtha, PNO 922650404, and Lady Constable Neelam Goswami, PNO 252231001, Police Station Pilua, District Etah. 2. This Court interacted with the corpus, Madhu, who disclosed that she is aged about 21 years and has studied up to Class XII. She further stated that she has voluntarily solemnized marriage with the petitioner, Jai Prakash Kumar, on 08.06.2026 and wishes to reside with him at their matrimonial home. 3. This Court also interacted with the petitioner, Jai Prakash 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, Ativir Singh, father of the corpus, who appeared to be disappointed with the corpus for having solemnized marriage with the petitioner against his wishes. However, he also admitted that the corpus has attained majority and is now free to take decisions concerning her life. 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, Jai Prakash Kumar, as her life partner and has voluntarily solemnized marriage with him Versus Counsel for Petitioner(s) : Deepak Dubey, Mool Chandra Maurya Counsel for Respondent(s) : G.A. Madhu And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) on 08.06.2026. 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, Jai Prakash 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. With the aforesaid observations and directions, the instant habeas corpus petition is allowed. September 8, 2026 Mayank HABC No. 1204 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad