Parents Cannot Invoke Habeas Corpus To Compel Adult Daughter To Reside With Them Against Her Will: Allahabad High Court
The Allahabad High Court has observed that the parents cannot invoke the writ of habeas corpus to compel their adult daughter to live with them against her express will.
The High Court observed that once an adult consciously and voluntarily chooses where to reside, her autonomy and decisional freedom deserve due recognition.
A bench of Justice Sandeep Jain made the observation while dismissing a habeas corpus petition filed by Kalawati Devi, who sought the production of her daughter (Km. Pooja) before the Court.
The daughter (25) told the Court that she was residing independently in Delhi and was not in the illegal or unlawful custody or detention of any person.
The Court had directed the State on August 17, 2026, to produce the daughter before it. Police officials from Police Station Ghosi, District Mau, accordingly produced her before the Court.
During her interaction with the Court, Pooja stated that she did not wish to reside with her mother. She alleged that her mother's conduct and behavior towards her had not been cordial and that she had frequently been subjected to assault and abuse at her parental home.
The mother, however, denied these allegations and expressed her desire that her daughter should reside with her at the parental home.
However, after interacting with Pooja and considering her statement in its entirety, the Court found that she was a major and had consciously and voluntarily expressed her unwillingness to reside with her mother.
The High Court observed that once the corpus has attained majority and made a "clear, voluntary and unequivocal choice" regarding her place of residence, her autonomy and decisional freedom are entitled to due recognition.
It further remarked thus:
"A major person cannot be compelled, against her expressed will, to reside with a particular person merely because such person happens to be her parent".
The Court explained that the jurisdiction in a habeas corpus proceeding is directed towards securing release from illegal or unlawful detention. It cannot ordinarily be invoked to compel an adult corpus to reside with a person against her will when no illegal detention is established.
In the present case, the Court found no material indicating that the corpus was under any form of illegal or unlawful detention or that anyone was curtailing her liberty.
On the contrary, she had categorically stated that she was residing independently in Delhi of her own volition and had consciously decided not to reside with her mother.
Holding that the essential foundation for maintaining the habeas corpus petition was absent, the Court dismissed the plea.
The Court further directed that the corpus, being a major and competent person, shall remain at liberty to reside at a place of her choice and with a person of her choice.