Smt Saniya Bano And Another vs State Of U.P. And 5 Others

Vakalatnama filed by Sri Deepak Dubey on behalf of respondent Nos.4 & 6 is taken on record.

By order dated 29.04.2026, the State authorities were directed to produce the corpus, Smt. Saniya Bano, before this Court and, in compliance of the said order, she has been produced today by Sri Kuldeep Upadhyay, Sub-Inspector, along with Lady Constable Garima Agnihotri, Police Station Naini, District Prayagraj.

This Court interacted with the corpus, Smt. Saniya Bano, who disclosed that she had solemnized marriage with the petitioner, Mohd. Saleem. However, she stated that the petitioner had concealed from her the material fact that he had previously contracted marriage and had thereafter obtained divorce from his earlier wife. According to the corpus, such fact was not within her knowledge at the time of solemnization of marriage, though she has subsequently become aware thereof. She further categorically stated that, in view of the aforesaid concealment, she is unwilling to reside with the petitioner and instead desires to reside with her father, respondent no.6, Julfikar Ahmad. The corpus voluntarily and unequivocally refused to accompany the petitioner, Mohd. Saleem.

Respondent no.6, Julfikar Ahmad, who is also present before the Court, submitted that he is willing to take the custody and responsibility of his daughter, Smt. Saniya Bano. From the interaction so held, it is evident that the corpus is a major and is competent to make her own independent decision regarding her residence and companionship. She has categorically stated that she does not wish to reside with the petitioner and is presently residing with respondent no.6 out of her own free will and volition.

In the considered opinion of this Court, the corpus is neither under any illegal detention nor under any unlawful restraint so as to warrant exercise of extraordinary jurisdiction under Article 226 of the Constitution of India in the nature of habeas corpus.

Accordingly, no case for interference is made out and the present habeas corpus petition is, accordingly, dismissed.

(Sandeep Jain,J.)

May 7, 2026

Himanshu