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2026 DAILYLAW 6473 (ALL)

LALOO YADAV AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/1241/2026 · 2026-09-13

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1241 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. By order dated 31.08.2026, the State as well as respondent nos.4 and 5, were directed to produce the corpus, Nemlata, before this Court. In compliance with the said order, she has been produced by S.I. Jai Prakash Singh, PNO No.902020540, and Lady Constable Garima, PNO No. 252679144, Police Station Shahjahanpur, District Shahjahanpur. 2. This Court interacted with the corpus, Nemlata, who disclosed that she is about 19 years old and is educated up to Class-X. She submitted that her marriage with the petitioner, Laloo Yadav, was solemnized under coercion exercised by him. Therefore, she does not recognise the said marriage and wishes to reside with her parents. She further submitted that she never voluntarily married the petitioner and is presently residing voluntarily with her parents and is not in the illegal detention of any person. 3. This Court also interacted with the petitioner, Laloo Yadav, who reiterated that he had solemnized marriage with the corpus and, therefore, claimed that he is entitled to her custody. However, at present, the corpus has refused to recognise any matrimonial relationship with him. 4. This Court also interacted with respondent nos.4 and 5, who are the father and brother, respectively, of the corpus. They too denied that the corpus had solemnized marriage with the petitioner and claimed her custody. Versus Counsel for Petitioner(s) : Akshay Kumar Shukla, Ravindra Pal Singh Kashyap Counsel for Respondent(s) : G.A. Laloo Yadav And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. After having interacted with the parties, it is apparent that the petitioner is claiming custody of the corpus on the ground that she is his legally wedded wife. However, the alleged matrimonial relationship has not been accepted by the corpus, who has categorically stated that the alleged marriage was solemnized under coercion exercised by the petitioner. 6. It is further apparent that the corpus is presently residing voluntarily with her parents and is not in the illegal detention of any person. In these circumstances, no ground is made out for entertaining the instant habeas corpus writ petition. 7. Accordingly, the instant habeas corpus writ petition is dismissed. 8. The corpus is at liberty to reside with any person of her choice and at her preferred place. September 14, 2026 Jitendra HABC No. 1241 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad