Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1315 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. By order dated 10th September, 2026, the State as well as respondent No. 4 were directed to produce the corpus, Smt. Rashmi Bind, before this Court. In compliance with the aforesaid order, the corpus has been produced before the Court by Sri Ram Milan Yadav, Sub-Inspector, and Ms. Sharda, Lady Constable, Police Station Kotwali, District Ghazipur. This Court interacted with the corpus, Smt. Rashmi Bind, who disclosed that she is about 24 years of age. She stated that she is a graduate and has also completed a course in nursing. She acknowledged that she had voluntarily solemnized her marriage with the petitioner, Sushil Kumar Srivastav, on 5th August, 2026, and expressed her unequivocal desire to reside with him at their matrimonial home. She further stated that she is presently residing with her parents, but is now willing and desirous of joining her husband and commencing her matrimonial life with him. This Court also interacted with the petitioner, Sushil Kumar Srivastav, who acknowledged his matrimonial relationship with the corpus and stated that he is willing to take her with him and reside with her at their matrimonial home. This Court further interacted with respondent Nos. 4 and 6, who are the parents of the corpus. They expressed their disappointment with the decision of the corpus to solemnize marriage with the petitioner, Sushil Kumar Srivastav. However, they fairly acknowledged that the corpus has attained the age of majority and that she has taken the aforesaid decision Versus Counsel for Petitioner(s) : Anjani Kumar Shukla Counsel for Respondent(s) : G.A. Rashmi Bind And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
of her own volition. Upon interaction with the parties and having regard to the statement made by the corpus before this Court, it is apparent that she is a major and has voluntarily exercised her choice to marry the petitioner, Sushil Kumar Srivastav, on 5th August, 2026. Her decision to reside with her husband is an expression of her personal liberty and autonomy, which is protected under Article 21 of the Constitution of India.
Once a person has attained majority, she is entitled to make her own choices regarding her life, residence and matrimonial relationship, and such choice is not liable to be interfered with merely because it is not acceptable to her parents or other family members. In view of the aforesaid facts and circumstances, no justification survives for continuing the custody of the corpus against her expressed wishes. Accordingly, the present habeas corpus petition is allowed. The corpus, Smt. Rashmi Bind, is set at liberty to reside with the person of her choice and at the place of her choice. The State authorities, as well as respondent Nos. 2 and 3, are directed to ensure the safety and security of the corpus and her husband, Sushil Kumar Srivastav. In the event the corpus and her husband require police assistance for proceeding to or reaching their preferred destination, the concerned authorities shall extend necessary assistance and escort them, as may be required, in accordance with law. September 24, 2026 Himanshu HABC No. 1315 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad