Prayagraj, Oct 5 (PTI) Dismissing a habeas corpus writ petition, the Allahabad High Court has ruled that parents cannot turn to such petitions to force an adult daughter to live with them against her wishes.
In an order dated September 28, Justice Sandeep Jain stated, “A major cannot be compelled, against her expressed will to reside with a particular person merely because such person happens to be her parent.”
The judge dismissed a habeas corpus petition filed by Kalawati Devi who sought the production of her 25-year-old daughter Kumari Pooja before the court, holding that the daughter — being a major and a competent person — shall remain at liberty to reside at the place, and with the person, of her choice.
As per facts of the case, Kalawati Devi had filed a habeas corpus writ petition seeking directions for the production of her daughter before the high court.
On August 17, 2026, the court directed the state to produce her. In pursuance of the court order, the daughter was produced in court.
During her interaction with the court, Pooja stated that she is residing independently in Delhi of her own volition and is not in any illegal or unlawful detention.
She further stated that she did not wish to reside with her mother. She alleged that her mother’s conduct and behaviour towards her has not been cordial and she has frequently been subjected to assault and abuse at her parental home.
On the other hand, the mother denied these allegations and expressed desire that her daughter should reside with her at the parental home.
After interacting with the daughter and considering her statement, the court held that she is a major and has consciously and voluntarily expressed unwillingness to reside with her mother, and dismissed the petition. PTI COR RAJ ARB
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