The Allahabad High Court has dismissed a habeas corpus plea filed by a mother seeking production of her 25-year-old daughter, holding that a major cannot be compelled, against her expressed will, to reside with a particular person merely because that person is her parent.
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Prayagraj: The Allahabad High Court has dismissed a habeas corpus petition filed by a mother for the production of her adult daughter, holding that once a major makes a clear and voluntary choice about where to live, the writ court cannot direct her to return to her parental home [Kalawati Devi and Another v. State of U.P. and 6 Others].
Justice Sandeep Jain heard the petition, which sought the production of Km. Pooja, aged 25.
The case
The petition was filed by Kalawati Devi and another, who asked the Court to direct the police to produce their daughter. The daughter was living independently in Delhi. The High Court directed the police to produce her before it on August 17, 2026.
When she appeared, and during the Court’s interaction with her, Pooja stated that she was residing in Delhi by her own choice, that she was not in illegal or unlawful custody, and that she did not wish to live with her mother. She alleged that she had been treated unkindly at her parental home and had frequently faced assault and abuse there. The mother denied these allegations and maintained that her daughter should return home. The allegations were made before the Court and have not been tested.
Autonomy of a major
The Court dismissed the petition, holding that the jurisdiction of a habeas corpus court is confined to cases of illegal detention. It observed:
“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 further held that once an adult consciously and voluntarily chooses where to reside, her autonomy and decisional freedom deserve due recognition, and that where a person who has attained majority has made a “clear, voluntary and unequivocal choice” about her residence, that choice must be respected.
Finding that no unlawful detention existed, the Court held that the foundation of the petition was absent, and directed that the daughter, being a major and competent person, shall remain at liberty to reside at a place of her choice.
Why The Habeas Corpus Plea Judgment Matters
The ruling reiterates that a writ of habeas corpus is a remedy against unlawful confinement and not a tool for enforcing parental wishes over an adult. Where the person said to be detained is a major, appears before the Court and states that she is living where she wishes, the inquiry ends there. The decision reinforces the personal liberty of adults, including the freedom to choose their residence, even in the face of a family’s objections.
Case Title: Kalawati Devi and Another v. State of U.P. and 6 Others
Bench: Justice Sandeep Jain, Allahabad High Court