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2026 DAILYLAW 9865 (ALL)

NIHAL MISHRA v. STATE OF U.P. AND 7 OTHERS

HABC/1354/2026 · 2026-09-30

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1354 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. By order dated 16.09.2026, the State as well as the private-respondents were directed to produce the corpus, namely, Bhumika, before this Court. In compliance with the aforesaid order, the corpus has been produced before this Court by Sri Atul Kumar Singh, S.I. and Ms. Rani Kumari, Lady Constable, Police Station, Nandgram, District Ghaziabad. This Court interacted with the corpus, Bhumika, who disclosed that she is about 19 years of age and has studied up to Class XII. She stated that she has voluntarily solemnized her marriage with the petitioner, Nihal Mishra, in a temple and that, of her own free will, she wishes to reside with him in their matrimonial home. This Court also interacted with the petitioner, Nihal Mishra, who acknowledged his matrimonial relationship with the corpus and stated that he is willing to reside with her in their matrimonial home. This Court further interacted with Moolchandra Singh, father of the corpus, who appeared to be aggrieved by the decision of the corpus to solemnize marriage with the petitioner. However, he admitted that the corpus has attained the age of majority. Upon interaction with the parties and upon consideration of the material available on record, it is apparent that the corpus has attained the age of majority and, in exercise of the right to personal liberty guaranteed to her under Article 21 of the Constitution of India, has voluntarily chosen the petitioner, Nihal Mishra, as her life partner and has solemnized marriage Versus Counsel for Petitioner(s) : Rajesh Kumar Srivastava Counsel for Respondent(s) : G.A. Nihal Mishra .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) with him of her own free will. She has unequivocally expressed her desire to reside with him in their matrimonial home. It is equally well settled that, upon attaining majority, an individual is entitled to make an independent choice with regard to her life partner as well as her place of residence, and such choice cannot be curtailed merely on account of the wishes or disapproval of her parents. Accordingly, the instant habeas corpus petition is allowed. The corpus, Bhumika, is set at liberty to reside with the person of her choice and at a place of her choice, of her own free will. The State authorities as well as respondent nos. 2 and 3 are directed to extend necessary safety and security to the corpus and her husband and, if required, to escort them safely to the destination of their choice. October 1, 2026 Himanshu HABC No. 1354 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad