Smt Riya Agrahari @ Shristi and Another Vs the State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Smt Riya Agrahari @ Shristi and Another Vs the State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to visit the parental home of his wife, Smt. Riya Agrahari @ Shristi, to take her custody, with private respondents no. 4 and 5 to cooperate and hand over custody at the parental home; habeas corpus petition disposed of.

Issue for consideration

Whether the corpus, Smt. Riya Agrahari @ Shristi, should be handed over to the custody of her husband, petitioner Nihit Kumar Agrahari, at her parental home.

Court's answer

The corpus is the wife of petitioner Nihit Kumar Agrahari and has consented to reside with her husband in her matrimonial home.

Ratio / Principle

The petitioner-husband assured the Court that he will not commit any act to offend the corpus, will maintain her in the matrimonial home in a cordial atmosphere, and will not prevent her from communicating with her parents.

Key takeaways

The petitioner is directed to visit the parental home of his wife, Smt. Riya Agrahari @ Shristi, to take her custody; private respondents no. 4 and 5 have assured full cooperation in handing over custody at the parental home.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Sandeep Jain, J.), by order dated May 5, 2026, disposed of HABEAS CORPUS WRIT PETITION No. - 424 of 2026 concerning the corpus, Smt. Riya Agrahari @ Shristi, who was produced pursuant to the Court's order dated 21.04.2026 by Sub-Inspector Utkarsh Mishra and Lady Constable Khashbu Maurya of Police Station Hathgaon, District Fatehpur. On interaction, the corpus acknowledged her marriage to petitioner Nihit Kumar Agrahari but alleged cruelty and physical and mental harassment, stating she would reside with him if he assured her such acts would not recur. The petitioner denied the allegations but assured the Court he would not offend the corpus, would maintain her cordially in the matrimonial home, and would not prevent communication with her parents; her parents also expressed the wish that she reside with him if safe. Holding that the corpus had consented to reside with her husband, the Court directed the petitioner to visit her parental home to take her custody, with private respondents no. 4 and 5 assuring full cooperation, and disposed of the petition.

HIGH COURT OF JUDICATURE AT ALLAHABAD

HABEAS CORPUS WRIT PETITION No. - 424 of 2026

Smt Riya Agrahari @ Shristi And Another

.....Petitioner(s)

Versus

The State Of U.P. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Manish Singh
Counsel for Respondent(s)	: G.A.

Court No. - 53

HON'BLE SANDEEP JAIN, J.

By order dated 21.04.2026, the respondents were directed to produce the corpus, Smt. Riya Agrahari @ Shristi, who is the wife of petitioner Nihit Kumar Agrahari. In compliance with that order, the corpus has been produced by Sub-Inspector Utkarsh Mishra and Lady Constable Khashbu Maurya, Police Station Hathgaon, District Fatehpur.

This Court interacted with Smt. Riya Agrahari @ Shristi, who acknowledged that she is the wife of petitioner Nihit Kumar Agrahari, but submitted that, due to acts of cruelty, physical and mental harassment, she does not wish to reside with her husband. She further submitted that if her husband provides an assurance that he will not commit such acts in the future, she is willing to reside with him.

The petitioner, Nihit Kumar Agrahari, who is present, submitted that the allegations levelled by the corpus are false, and that he has never assaulted or harassed his wife. However, keeping in view the honour of this Court, he assured that he will not engage in any act that may offend the corpus and will maintain her in his matrimonial home in a cordial atmosphere. He further assured that he will not prevent her from communicating with her parents.

The parents of the corpus are also present and submitted that they wish for the corpus to reside with the petitioner, provided that she remains safe and is not assaulted or harassed by him.

Keeping in view the above facts, it is apparent that the corpus is the wife of

HABC No. 424 of 2026

2

petitioner Nihit Kumar Agrahari and has consented to reside with her husband in her matrimonial home. The petitioner has also assured that he will maintain the corpus happily and will not commit any act to offend her.

In view of this, the petitioner is directed to visit the parental home of his wife, Smt. Riya Agrahari @ Shristi, to take her custody. Private respondents no. 4 and 5 have assured that they will fully cooperate and hand over the custody of the corpus to her husband at her parental home.

Accordingly, the instant habeas corpus petition is disposed of.

(Sandeep Jain,J.)

May 5, 2026 Mayank

Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad