Major Woman Free To Live With Man Of Her Choice, Habeas Corpus Plea By Parents Not Maintainable: Andhra Pradesh High Court Reiterates
The Andhra Pradesh High Court has dismissed a habeas corpus petition filed by parents seeking custody of their major daughter (corpus)— who was missing from her home since January 2026, after the Court discovered that she had voluntarily married and chosen to live with her husband (Respondent 7).Emphasising that a major has the right to choose whom she intends to live with, a Division...
The Andhra Pradesh High Court has dismissed a habeas corpus petition filed by parents seeking custody of their major daughter (corpus)— who was missing from her home since January 2026, after the Court discovered that she had voluntarily married and chosen to live with her husband (Respondent 7).
Emphasising that a major has the right to choose whom she intends to live with, a Division Bench comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela held,
“…as she has with free will and volition voluntarily married respondent No.7 after attaining majority and she has expressed her intention to live and stay with him only, it cannot be said that she has been illegally confined or detained by respondent No.7. As she is a major, she has every right to take a decision as to with whom she intends to stay and live. As she has taken a decision to live with respondent No.7, she has to be allowed to live with her husband i.e. respondent No.7. Therefore, the writ petition for Habeas Corpus is not maintainable.”
The petitioners had stated in their petition that their daughter, a second-year engineering student at Vellore Institute of Technology (VIT) Amaravati, was allegedly taken away by Respondent 7. This prompted the petitioners to request the Court to direct police officials (Respondents 2-5) to produce their daughter.
When she was produced before the Court, she categorically stated that she had voluntarily left her home because she fell in love with Respondent 7, and further informed the Court that she married him in January, 2026 in a church and, thereafter got married again to obtain proof of marriage. She further clarified that she was living with him willingly and had not been confined or forced, and subsequently expressed her wish to not return to her parents.
The petitioner parents had also submitted that the corpus was impregnated by Respondent 7 in August, 2025, when she was a minor and also produced medical records demonstrating the same. The Court directed them to pursue their remedy by resorting to effective remedies available under law, and emphasised that the same cannot be a ground to entertain their writ petition for Habeas Corpus.
Accordingly, the writ petition was dismissed.
Case Number: WRIT PETITION NO: 4349/2026
Case Title: TURLAPATI PEDDABBAI v. THE STATE OF ANDHRA PRADESH