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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1212 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. By order dated 03.09.2026, the State as well as respondent No.4 were directed to produce the corpus, Mani, before this Court. In compliance with the said order, she has been produced by Ram Dhan Singh, PNO No. 892651393 and Lady Constable Savita Sharma, PNO No.253190086, Police Station Babugarh, District Hapur. 2. This Court interacted with the corpus, Mani, who disclosed that she is about 18 years of age and is educated upto Class-V. She stated that she had solemnized marriage with the petitioner, Mohit, on 16.04.2026 and wants to reside with him in her matrimonial home. She further submitted that she has attained majority, but her parents had deliberately recorded her age less than her actual age in her educational records. At present, she is residing with her parents. 3. This Court also interacted with the petitioner, Mohit, who disclosed that he had solemnized marriage with the corpus, Mani, and wants to reside with her in their matrimonial home. 4. This Court also interacted with Monu, the brother of the corpus, who submitted that the corpus is a minor and, as such, she has no right to solemnize marriage with the petitioner or reside with him. 5. It is apparent from the PAN Card and Aadhaar Card in which the date of birth of the corpus has been recorded as 14.08.2005, according to which she is more than 21 years of age. However, the Chief Medical Officer, Hapur, by report dated 15.09.2026, has assessed her age to be about 17 years. The corpus herself has stated that her parents had deliberately recorded her age Versus Counsel for Petitioner(s) : Pramod Kumar Singh Counsel for Respondent(s) : G.A. Smt Mani And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
below her actual age in her educational records. From her physical appearance also, it appears that she is above 18 years of age. 6. In view of the documentary evidence available on record, this Court considers it appropriate to hold that the corpus, Mani, has attained majority. She is, therefore, entitled to exercise her fundamental right guaranteed under Article 21 of the Constitution of India to choose her life partner and place of residence.
In exercise of the said right, the corpus has solemnized marriage with the petitioner, Mohit, and now desires to reside with him in her matrimonial home. 7. Accordingly, the instant habeas corpus petition is allowed. 8. The corpus is set at liberty to reside with the person of her choice at her preferred place. 9. Respondent nos.2 and 3 are directed to ensure the safety and security of the corpus and her husband and, if required, to escort them safely and securely to their preferred destination. September 24, 2026 Jitendra HABC No. 1212 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad