Aditya v. The State of HP

( 2026:HHC:37629 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.11316 of 2026

Date of Decision:- 03.09.2026

Aditya ....Petitioner Versus State of Himachal Pradesh ....Respondents and Others Coram The Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon'ble Mr. Justice Chirag Bhanu Singh, Judge Whether approved for reporting?1 For the Petitioner : Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate.

For the Respondents : Ms. Priyanka Chauhan, Deputy Advocate General, for respondent Nos.1 to 4-State. : Mr. Sunny Rawat, Advocate, for respondent Nos.5 and 6. G.S. Sandhawalia, Chief Justice

(Oral).

The present petition in the nature of a habeas corpus has been filed for the production of Smt. Disha Yadav, wife of the petitioner-Aditya.

¶2Keeping in view the averments made in the petition and the arguments raised that the parties are happily Whether reporters of Local Papers may be allowed to see the judgment? married, the presence of the detenue was required, vide order dated 14.07.2026.

¶3On 23.07.2026, we had passed the following order, which reads as under:- "In pursuance of the last order dated 14.07.2026, Ms. Disha Yadav has been produced before this Court today. We had interacted with both of them namely, the petitioner-Aditya and Disha Yadav in the morning session. At that stage, she was not inclined to join the petitioner, and we suggested that she should join the petitioner for a cup of tea and re-think on her decision.

¶2Accordingly, in the post-lunch session, she is present again and expressed her desire to go with the petitioner. Apparently, it is not disputed that they have been married since 01.02.2026, as per her earlier statement recorded as Annexure P-4.

¶3In such circumstances, we are of the considered opinion that it would be appropriate, if her custody is restored to the petitioner for the time being. Her parents are also present in the Court today, and we have interacted with them as well. During the period she was away from the petitioner, she had not resumed her studies in Delhi.

¶4Accordingly, we adjourn the proceedings for a period of six weeks. On the next date, both the petitioner and Disha Yadav shall appear in person. It will remain open to respondent Nos. 5 and 6 to come and interact further with their daughter.

¶5The Police Party headed by Inspector Sanjeev Kumar, SHO, Police Station Kangra, District Kangra, Himachal Pradesh will ensure that the petitioner and the Disha Yadav are safely escorted to their house in District Kangra, Himachal Pradesh.

¶6It is made clear that respondent Nos. 5 and 6, or any other persons accompanying them, shall not interfere in any manner or attempt to remove her from the custody of the petitioner during the pendency of the present petition.

¶7Accordingly, the proceedings are deferred for

03.09.2026."

¶4Today, Smt. Disha Yadav appeared before this Court and we have interacted with her. She submitted that she is happily residing with her husband-petitioner and is no longer in contact with her parents. Keeping in view the fact that the detenue is apparently a major, who had solemnized her marriage with citathe petitioner of her own free will and volition, therefore, we are of the considered opinion that the purpose of filing the present petition has been served, as Smt. Disha Yadav has shown her wishes to live with the petitioner-husband.

¶5Learned Senior Counsel for the petitioner further pointed out that the marriage has been registered and duly recorded in the 'parivar register'. He has also informed that Smt. Disha Yadav is currently pursuing her graduation from Delhi.

¶6Grandfather-Bidhi Chand, is also present in the Court and informed that petitioner-Aditya, is helping him with his business in Village and Post Office Nandrol, Tehsil & District Kangra, Himachal Pradesh.

¶7Accordingly, the present writ petition, in such circumstances, is closed. Pending miscellaneous application(s), if any, shall stand disposed off. (G.S. Sandhawalia)

Chief Justice

(Chirag Bhanu Singh)

Judge 3rd September, 2026 (Munish Thakur)