A writ of habeas corpus is not maintainable when an adult corpus denies illegal confinement and explicitly expresses a voluntary, independent desire to reside with their family, as the court must respect the personal liberty and self-determined choice of the individual.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant writ petition has been filed under Article 226 of theConstitution of India for the following reliefs:-

a. Issuance of writ(s), direction(s), order(s), preferably of the nature of Habeas Corpus directing the State respondents to produce wife of the petitioner, Kajal Kumari, who has been illegally and forcefully detained by her father i.e. respondent no.5 since 01.07.2025 and further directing the respondent no.5 to release the legally wedded wife of the petitioner forthwith to enable her to live her life as per her own free will and choice.

b. Issuance of a writ in the nature of Mandamus, or any other appropriate writ(s), order(s), or direction(s), directing Respondent No’s. 3 and 4 to provide adequate security & protection to the petitioner and his wife namely Kajal Kumari, who are facing a grave threat to their life & personal liberty at the hands of the private respondent No.5 in the view of ratio laid down in catena of judgment rendered by the Hon’ble Supreme Court and/or

c. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.

Factual Matrix

2. The petitioner, aged about 27, and his wife namely Kajal Kumari, aged about 18 years and eight (08) months, as evident from her Aadhar Card and Certificate dated 02.09.2023 issued by the Jharkhand Academic Council, Ranchi, wherein her date of birth is mentioned as 18.04.2007. the petitioner and his wife namely, Kajal Kumari, who were the residents of the same village, came in contact and developed mutual affection for each other. They wanted to get married and though family of the petitioner approved of their intention, the family of the wife/Kajal Kumari did not agree and her father even subjected her to cruelty and torture as the petitioner and his wife belong to different castes.

Therefore, on 25.03.2025, Kajal Kumari contacted the petitioner to inform him about the ill treatment meted out to her by her family and inability to live peacefully therein and expressed her desire to live with the petitioner.

2 (i). On the very next day, i.e. on 26.03.2025, Kajal Kumari left her parental home out of her own sweet will and went to Patna along with the petitioner without any persuasion made by the petitioner and being both major decided to given their relationship a legal status by solemnizing their marriage on 23.06.2025 before Marriage Officer, Patna City and got their marriage registered at Patna on 23.06.2025 being Certificate No.124 of 2025 dated 23.06.2025 issued by Marriage Officer, Patna. The photographs were also clicked during the marriage ceremony held on 23.06.2025.

2 (ii). Respondent No.5, being the father of Kajal Kumari lodged a F.I.R. being Hunterganj P.S. Case No. 65 of 2025 dated 28.03.2025, underSection 96 of the B.N.S. against the petitioner wherein it has been alleged in the said F.I.R. that on 26.03.2025, daughter of the Informant, at about 9’ clock, went to school for submitting her class 12th Practical copy but till 4.00 clock, she did not return home. On search, villagers informed him that petitioner took his daughter in his bike. Thereafter, informant and his son went to the house of petitioner, but the petitioner was not available at his home. The father of petitioner informed him that he has no knowledge about them. He tried to call his son but the phone of the petitioner was switched off. The father of the petitioner also tried to find whereabout of his son from his relatives but no information was obtained from anywhere. Hence, the Informant has firm belief that the petitioner has taken his daug