Prayagraj: The Allahabad High Court has dismissed a habeas corpus petition filed by a mother seeking the production of her adult daughter. It held that a major cannot be compelled, against her expressed will, to reside with a particular person merely because that person is her parent. The court said the essential foundation for a habeas corpus petition, illegal or unlawful detention, was conspicuously absent.
A Single Judge Bench of Justice Sandeep Jain was hearing the petition filed by Kalawati Devi and another. By order dated 17.08.2026, the State had been directed to produce the corpus, Km. Pooja. She was produced before the court by the SHO, a Sub-Inspector and a Lady Constable of Police Station Ghosi, District Mau.
The court interacted with the corpus in person. She disclosed that she is about 25 years of age and has studied up to Class VIII. She categorically stated that she is residing independently at Delhi and is not in the illegal or unlawful custody of any person. She said she does not wish to live with her mother because her mother's conduct towards her has not been cordial and she has frequently been assaulted and abused at her parental home. She expressed a clear and unequivocal unwillingness to return to or reside with her mother.
The court also interacted with the petitioner, who denied the allegations and expressed her desire that her daughter reside with her at the parental home. However, considering the corpus's statement in its entirety, the court found that she is a major and has consciously and voluntarily expressed her unwillingness to reside with her mother.
The court held that once a corpus attains majority and makes a clear, voluntary and unequivocal choice about her place of residence, her autonomy and decisional freedom are entitled to due recognition. It observed that a major person cannot be compelled to reside with a particular person merely because that person is her parent. The court explained that its jurisdiction in habeas corpus proceedings is directed at securing release from illegal or unlawful detention. It cannot ordinarily be invoked to compel an adult to reside with a person against her will when no illegal detention is established.
The Bench noted that there was no material on record to show that the corpus was under any illegal detention or that her liberty was being curtailed. On the contrary, she said she was living in Delhi of her own volition. Holding that no case of illegal detention was made out against any person, the court said no further relief could be granted in exercise of its extraordinary writ jurisdiction.
Dismissing the petition, the court 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.
Case Title: Kalawati Devi & Anr. vs. State of U.P. & 6 Ors., Habeas Corpus Writ Petition No. 81 of 2026
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