HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1312 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. Vakalatnama filed today by Shri Rajeev Mishra on behalf of respondent No. 4 is taken on record. By order dated 10th September, 2026, the State was directed to produce the corpus, Smt. Nisha Sharma, before this Court. In compliance with the aforesaid order, the corpus has been produced before the Court by Shri Balwan Singh, Inspector, and Ms. Diksha, Sub-Inspector, Police Station Mahobkanth, District Mahoba. This Court interacted with the corpus, Smt. Nisha Sharma, who disclosed that she is about 28 years of age and has studied up to Class V. She acknowledged that her marriage was solemnized with the petitioner, Rabburaj, on 24th May, 2025. However, she stated that, on account of the cruelty and harassment allegedly meted out to her by her husband in the matrimonial home, she does not wish to reside with him. She further stated that the petitioner is addicted to alcohol. She categorically submitted that she had left her matrimonial home of her own volition and is presently residing with her sister voluntarily. She further stated that she is not being illegally detained or confined by anyone. This Court also interacted with the petitioner, Rabburaj, who acknowledged his matrimonial relationship with the corpus and expressed his desire that she should reside with him. However, it is apparent from the statement of the corpus that she is unwilling to reside with the petitioner in her matrimonial home. Upon interaction with the parties and consideration of their respective statements, it is apparent that although the corpus has acknowledged her matrimonial relationship with the petitioner, she has, owing to the matrimonial discord and the alleged cruelty and harassment in her matrimonial home, voluntarily left the matrimonial home and is presently residing with her sister of her own free will. There is nothing on record to indicate that the corpus is in the illegal custody, confinement or detention of any person. The jurisdiction of this Court in a habeas corpus petition is attracted where a person is shown to be in unlawful custody or detention. In the present case, Versus Counsel for Petitioner(s) : Lal Bahadur Yadav, Ramanuj Yadav Counsel for Respondent(s) : G.A. Smt. Nisha Sharma And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the corpus is a major and has unequivocally expressed before this Court that she is residing with her sister voluntarily and does not desire to return to her matrimonial home. Mere matrimonial discord or the unwillingness of a major woman to reside with her husband, in the absence of any element of illegal detention, does not furnish a ground for issuance of a writ of habeas corpus. In view of the aforesaid facts and circumstances, no case of illegal detention is made out and, consequently, no ground is made out for granting any relief in the present habeas corpus petition. The petition is, accordingly, dismissed. It is, however, made clear that the corpus, being a major, shall be at liberty to reside with the person of her choice and at the place of her choice, in accordance with law. September 24, 2026 Himanshu HABC No. 1312 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad