Disposed¶5

Pratibha Thru. Her Husband Rishi @ Rishi Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Allahabad HC7 May 2026HABC/155/2026

Case brief

AI extract

What is this about?

habeas corpus; Article 226; writ of Habeas Corpus; detention by parents; adult/major detenue; marriage 10.03.2026; FIR Case Crime No. 111/2026; P.S. Bilgram, District Hardoi; enticement FIR; Criminal Misc. Writ Petition No. 2367/2026; quashing of FIR; interim order no coercive action; set at liberty to join husband; High Court of Judicature at Allahabad Lucknow Bench; Court No. 14; Subhash Vidyarthi, J.; HABC No. 155 of 2026; May 14, 2026

What did the court decide?

Alleged detenue Pratibha set at liberty to join the company of her husband Rishi Kumar; writ petition disposed of accordingly. ¶5

Pratibha Thru. Her Husband Rishi @ Rishi Kumar vs… — Writ and Judicial Review | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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HABEAS CORPUS WRIT PETITION No. - 155 of 2026

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Pratibha Thru. Her Husband Rishi @ Rishi Kumar

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others .....Respondent(s) Counsel for Petitioner(s) : Sweta Swarankar, Akhil Anand, Hari Krishna Srivastava, Surendra Kumar Tripathi Counsel for Respondent(s) : G.A., Raghunath Prasad

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Court No. - 14

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Sri Surendra Kumar Tripathi, the learned counsel for the petitioner, Sri Yogesh Kumar Singh, the learned AGA-I and Sri Raghunath Prasad, the learned counsel for the opposite parties no. 4 & 5.

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The instant writ petition under Article 226 of the Constitution of India seeking issuance of a writ of Habeas Corpus has been filed by 18 years old alleged detenue Pratibha through her husband Rishi @ Rishi Kumar stating that Pratibha has been detained by her father and mother opposite parties no. 4 & 5. It has been pleaded in the writ petition that both the parties are adult, they have married each other on 10.03.2026. The opposite party no. 5 has lodged an FIR bearing Case Crime No. 111/2026 on 08.03.2026 in Police Station Bilgram, District Hardoi against Rishi Kumar alleging that he has enticed away the detenue Pratibha. Pratibha and Rishi Kumar have jointly filed Criminal Misc. Writ Petition No. 2367/2026 before this Court seeking quashing of the aforesaid FIR. In the aforesaid writ petition, an interim order has been passed on 19.03.2026 which reads as follows:-

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"7. The contention is that both the petitioners are major and they have married each other on their own volition on 10.03.2026 in Arya Samaj Sector-H, Harsh Vihar Puraniya, Aliganj, Lucknow. A copy of the marriage certificate has been

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HABC No. 155 of 2026

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enclosed as Annexure-2 to this petition. In support of the petitioners being major, the petitioner Nos.1 & 2 have annexed photocopies of their Aadhar Card as part of Annexure-3 to this petition, from which it emerges that both the petitioners are major. Further the petitioners, in the writ petition duly supported by an affidavit, have indicated that both the petitioners are major. It is contended that respondent No.4 is not happy with the marriage and as such, the aforesaid FIR has been lodged by her only to create hindrance in the peaceful married life of the petitioners. Learned counsel for the petitioners further contended that being major, petitioners may take their decision and no one can create any hindrance and obstruction on their peaceful life.

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8. Considering the aforesaid, prima facie, a case for interference is made out. As such till the next date listing, no coercive action shall be taken against the petitioners in pursuance to the impugned FIR."

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The alleged detenue Pratibha has appeared before this Court and she has categorically stated that she had been detained by her parents opposite parties no. 4 & 5 and she want to go with her husband Rishi Kumar. She stated that her date of birth is 01.01.2008, she has been detained by her parents against her wishes and she wants to join the company of her husband Rishi Kumar.

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Keeping in view the aforesaid statement made by the alleged detenue, she is set at liberty to join the company of her husband and she has joined the company of her husband Rishi Kumar.

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The writ petition is disposed off accordingly.

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(Subhash Vidyarthi,J.)

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May 14, 2026

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Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Pratibha Thru. Her Husband Rishi @ Rishi Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Pratibha Thru. Her Husband Rishi @ Rishi Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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