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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1244 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. Sri Sanjay Kumar, Advocate, has filed his vakalatnama on behalf of respondent no.4, which is taken on record.
2. By order dated 31.08.2026, the State was directed to produce the corpus, Aarti, before this Court. In compliance with the said order, she has been produced by S.I. Gaurav Sharma, PNO No. 231066989, and Lady Constable Neelam, PNO No.254337785, Police Station Achchnera, District Agra.
3. This Court interacted with the corpus, Aarti, who disclosed that she is about 17 years of age and is studying in Class XII. She submitted that her marriage with the petitioner was solemnized under coercion and, therefore, she does not recognise the said marriage. She further submitted that she is voluntarily residing with her parents at her parental home and is not in the illegal detention of any person.
4. This Court also interacted with the petitioner, Vishal Soni, who reiterated that he had solemnized marriage with the corpus and, therefore, claimed that he is entitled to her custody. However, the corpus has, at present, refused to recognise any matrimonial relationship with him. In view thereof, her custody cannot be handed over to the petitioner.
5. This Court also interacted with the father of the corpus/respondent no.4, Kanhaiya, who claimed her custody on the ground that she is his daughter. Versus Counsel for Petitioner(s) : Janardan Yadav, Vivek Kumar Pal Counsel for Respondent(s) : G.A. Aarati .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
6. Upon interacting 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 corpus has refused to recognise the alleged marriage, stating that the same was solemnized under coercion. She has further stated that she is voluntarily residing with her parents at her parental home and is not in the illegal detention of any person. In view of the aforesaid circumstances, no ground is made out for entertaining the instant habeas corpus petition.
7. Accordingly, the instant habeas corpus petition is dismissed. September 14, 2026 Jitendra HABC No. 1244 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad