Adult Woman Free To Live With Person Of Her Choice: J&K High Court [Read Order]

Jammu: The High Court of Jammu, Kashmir & Ladakh at Jammu has dismissed a habeas corpus petition filed by a father seeking tracing of his 20-year-old daughter, after she appeared before the court and stated that she had married a person of her choice of her own free will, holding that a writ of habeas corpus can be issued only to secure release from illegal or unlawful detention and cannot be used to compel an adult to live with a particular person, even a parent, against her wishes.

Justice Sanjay Dhar passed the order on 08.10.2026 in HCP No. 66/2026, filed by Bashir Ahmed against the U.T. of J&K and others, seeking a direction to respondent Nos. 1 to 3 to trace and recover his daughter, who was impleaded as respondent No. 4, and a further direction to constitute a dedicated investigation team for a time-bound investigation into her disappearance.

According to the petitioner, his daughter left home on 11.07.2026 in the morning to appear in her Higher Secondary School Part-I annual examination and did not return, and he apprehended that she may have been abducted or kept under illegal detention. He lodged a missing report at the concerned police station on 12.07.2026 but alleged that no effective steps were taken despite repeated visits. Notice of the petition was issued to the respondents on 31.07.2026.

The daughter applied for impleadment, which was allowed on 17.09.2026, and in her reply she stated that she had voluntarily left her parental home to marry a person of her choice, that her decision was not under undue influence or force, that she is a major conscious of the consequences of her decision, and that she did not wish to live with her parents or to have her custody handed to her father.

The court directed her appearance, and she appeared on 08.10.2026, when the court interacted with her in person. She stated that she is more than 19 years old, that she is residing independently with her husband, whom she married of her own free will and volition, and that she and her husband had earlier approached the High Court by WP(C) No. 2275/2026 seeking protection against harassment, in which the court had issued directions in their favour. Her statement was also recorded on oath by the Registrar Judicial, in which she reiterated that she had entered into wedlock of her own free will and volition, was living with her husband at Kishtwar and wished to continue to do so.

The court held that, once the corpus has attained majority and made a voluntary and unequivocal choice to accompany her husband, her conscious decision has legal recognition, and a major person cannot be compelled to reside with or accompany a particular person, even if that person is a parent. It said that a writ of habeas corpus can be issued only for securing release of the corpus from illegal or unlawful detention and cannot be issued to compel an adult to reside with a person against her will and wish where no illegal detention is established.

Noting that the material on record did not suggest any form of unlawful detention and instead indicated that she had voluntarily left her parental house to join her husband, the court held that no writ of habeas corpus can be issued and dismissed the petition. It added that respondent No. 4, who is a major, is at liberty to accompany the person of her choice.

Appearances:

For the Petitioner: Mr. Mumtaz Choudhary, Advocate.

For the Respondents: Mr. Adarsh Bhagat, Government Advocate, for Nos. 1 to 3; and Mr. Surya Dev Singh, Advocate, for No. 4.

Case Title: Bashir Ahmed vs. U.T. of J&K and Others, HCP No. 66/2026

[Read Order]