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2026 DAILYLAW 9983 (ALL)

RUBI PARVEEN AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/1350/2026 · 2026-09-30

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1350 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. Counter affidavit filed today is taken on record. By order dated 16.09.2026, the State was directed to produce the corpus, namely, Rubi Parveen, before this Court. In compliance with the aforesaid order, the corpus has been produced before this Court by Sri Rahul Rao, S.I., Sri Rajnish Kumar, Constable, and Ms. Kavita Varma, Lady Constable, Police Station Lar, District Deoria. This Court interacted with the corpus, Rubi Parveen, who disclosed that she is about 21 years of age and has studied up to Intermediate. She further stated that she voluntarily solemnized her marriage with respondent no. 4, Imran, against the wishes of her parents, on account of which she has allegedly been harassed and subjected to mental torment by her parents on one pretext or the other. She further stated that she is not suffering from any physical or mental ailment and is in good health. The corpus has also filed a joint affidavit along with her husband, Imran, wherein it has been stated that they solemnized their marriage on 18.06.2026 against the wishes of the parents of the corpus and are presently residing together in their matrimonial home. The aforesaid affidavit further discloses that the corpus underwent a brain MRI examination, the report dated 22.07.2026 whereof records that no abnormality was detected. The corpus has also placed on record her marriage certificate, which records that she voluntarily solemnized her marriage with respondent no. 4, Imran, on 18.06.2026. She has further filed her High School Examination Certificate of the year 2021, according to which her date of birth is 14.02.2005. Thus, the corpus has attained the age of majority. This Court also interacted with respondent no. 4, Imran, who acknowledged his matrimonial relationship with the corpus and stated that he and the corpus are happily residing together in their matrimonial home. This Court further interacted with the parents of the corpus. They reiterated their allegation that the corpus is suffering from an ailment, however, they failed to Versus Counsel for Petitioner(s) : Nirbhaya Kumar Mishra, Vijeta Tiwari Counsel for Respondent(s) : Abhay Kumar Singh, G.A. Rubi Parveen And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) substantiate the said allegation by placing any cogent or documentary evidence on record. Upon interaction with the parties and upon consideration of the material available on record, it is apparent that the corpus, Rubi Parveen, has attained the age of majority and, in exercise of her fundamental right to personal liberty guaranteed under Article 21 of the Constitution of India, has voluntarily solemnized her marriage with respondent no. 4, Imran, on 18.06.2026. She is presently residing with her husband in their matrimonial home of her own free will. In the circumstances, it is apparent that the corpus is neither in the illegal nor unlawful custody or detention of any person. In view of the aforesaid facts and circumstances, no ground is made out for granting any relief in the instant habeas corpus petition. Accordingly, the petition is dismissed. The State authorities as well as respondent nos. 2 and 3 are directed to extend necessary police protection to the corpus and her husband, Imran, and, if required, to escort them safely to the destination of their choice. October 1, 2026 Himanshu HABC No. 1350 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad