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2026 DAILYLAW 6952 (UTT)

ABHISHEK KUMAR v. STATE OF UTTARAKHAND

HABC/11/2026 · 2026-06-16

Ravindra Maithani, Siddhartha Sah

body2026

Judgment text

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2026:UHC:4872-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Petition No.11 of 2026 Abhishek Kumar …… Petitioner Vs. State of Uttarakhand and Others …Respondents Presence: Mr. Pragya Prakash, learned counsel for the petitioner. Mr. Siddhartha Bisht, learned AGA for the State. Ms. Manisha Bhandari, learned Amicus Curiae. Coram: Hon’ble Ravindra Maithani, J. Hon’ble Siddhartha Sah, J. Hon’ble Ravindra Maithani, J. (Oral) In this Habeas Corpus Petition, it is the case of the petitioner that he and respondent no.6 were in a relationship. They married on 20.03.2026. They had also applied for marriage under the Special Marriage Act, 1954, but in the meantime, the family members of the respondent no.6 had detained her illegally. 2. On 25.05.2026, when the Corpus was before the Court, the Court interacted with her but the Corpus started crying during the conversation. The Court in its order noted on that date “tears rolled down her cheeks. Apparently, it looks that she is not comfortable”. Therefore, the Court appointed Ms. Manisha Bhandari, Advocate as Amicus Curiae and further interacted with the Corpus in the chambers. On that date, the Corpus has stated that she wants to stay with her Ammi (mother) and her husband, Abhishek Kumar. She told that her Ammi is a little worried. Therefore, immediately she may not be joined the company of her husband, Abhishek Kumar. On that day, the matter was adjourned and listed for today. 2 2026:UHC:4872-DB 3. Ms. Sofiya, the Corpus is present before this Court. She has been brought in the Court by Ms. Nirmla Tamta, Constable, Police Station Kashipur, District Udham Singh Nagar. 4. The Court further interacted with the Corpus, on a question, as to whether she has been illegally detained by her family members, she replied in negative. The Court asked that where she wants to stay, the Corpus replied that she wants to stay with her Ammi (mother) and she does not want to go with the petitioner. 5. Since, the Corpus is major. She has stated that willingly she wants to stay with her mother. 6. In this instant matter, the Court has interacted with the Corpus on multiple occasions. It appears that the Corpus has exercised her discretion and has categorically stated that she is willingly staying with her mother. Therefore, there is nothing to proceed further with the instant Habeas Corpus Petition. It is disposed of accordingly. (Siddhartha Sah, J.) (Ravindra Maithani, J.) 16.06.2026 16.06.2026 JKJ/Akash