Allahabad High Court Hands Over 22-Year-Old Woman’s Custody To Husband

The Allahabad High Court has handed over the custody of a 22-year-old married woman from Bijnor to her husband, holding that an adult has the right to choose a life partner and decide where to live.

The case relates to the Kiratpur police station area in Bijnor district.

The woman, Akansha, was produced before a single-judge bench of Justice Sandeep Jain by Sub-Inspector Devendra Kumar and lady constable Rita in compliance with the court’s August 17, 2026 order.

During the hearing, Akansha told the court that she was around 22 years old and had graduated. She said she married petitioner Aditya Rathi on May 3, 2026, against her family’s wishes. She further told the court that she was not in anyone’s unlawful custody and wanted to live with her husband of her own free will.

Rathi told the court that he worked at a finance company in Bijnor and earned between Rs 15,000 and Rs 20,000 a month. He further expressed his wish to live with his wife.

Akansha’s father, Chetan Singh, appeared unhappy with her decision but acknowledged that she had attained majority.

The court observed that an adult has the right to choose their life partner and decide their place of residence. It said the right forms part of the protection guaranteed under Article 21 of the Constitution.

The bench therefore directed that Akansha’s custody be handed over to Rathi. It further directed the state government and family to ensure the couple could safely leave for their destination.

The court disposed of the habeas corpus petition with these directions.

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