HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1090 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. Sri Tej Om Prakash Gupta, learned counsel, has filed his vakalatnama on behalf of respondent no.4, which is taken on record. 2. By order dated 02.09.2026, the State was directed to produce the corpus, Riya, before this Court. In compliance with the said order, the corpus has been produced before this Court by S.I. Sandeep Kumar, P.N.O. No.002010058 and Lady Constable 1454 Neelam Singh, Police Station Kamalganj, District Farrukhabad. 3. This Court interacted with the corpus, Riya, who disclosed that she has attained the age of majority and is educated up to Class IX. She further stated that she solemnized her marriage with the petitioner, Tinku, on 30.05.2025, against the wishes of her parents, and that she now wishes to reside with her husband in her matrimonial home. She further stated that she voluntarily solemnized the marriage with the petitioner. 4. This Court also interacted with the petitioner, who acknowledged that he has solemnized marriage with the corpus and expressed his desire to reside with her in their matrimonial home. He further stated that he is employed as a skilled labourer in a garment factory in Delhi, where he presently resides and earns approximately Rs. 25,000/- per month. 5. This Court also interacted with respondent no. 4, Dilip Kumar, the father of the corpus. He appeared to be disappointed with the decision of the corpus to solemnize marriage with the petitioner and stated that, Versus Counsel for Petitioner(s) : Ratnesh Pratap Singh, Ravindra Yadav Counsel for Respondent(s) : Tej Om Prakash Gupta, G.A., Lavkush Kumar Bhatt Smt. Riya And Another .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) according to her educational records, the corpus is only 16 years of age. However, it is apparent from the ossification test conducted in respect of the corpus that her age has been assessed to be about 18 years. 6. From the interaction with the parties, it is apparent that the corpus has attained majority and has exercised her fundamental right guaranteed under Article 21 of the Constitution of India to choose her life partner. She has solemnized marriage with the petitioner of her own free will and has categorically expressed her desire to reside with him in her matrimonial home. 7. It is, therefore, apparent that the corpus cannot be compelled to act in accordance with the wishes of her parents and is entitled to choose her life partner and place of residence. 8. In view of the aforesaid facts and circumstances, the custody of the corpus is handed over to her husband/petitioner, Tinku. 9. The State authorities, particularly respondent nos. 2 and 3, are directed to ensure the safety and security of the corpus and, if required, provide necessary escort to the corpus and the petitioner to their preferred destination. 10. Accordingly, the instant habeas corpus writ petition is allowed. September 9, 2026 Jitendra HABC No. 1090 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad