Prayagraj : The Allahabad high court has made it clear that parents cannot invoke a writ of habeas corpus to compel an adult daughter to live with them against her wish.
Justice Sandeep Jain dismissed Mau resident Kalawati Devi’s petition seeking the production of her 25-year-old daughter before the court. On Aug 17, 2026, the high court directed the state to produce her. The court directed that the woman, being a major and competent person, shall remain at liberty to reside at a place and with a person of her choice. During her interaction with the court, she stated that she was residing independently in Delhi of her own volition and was not under any illegal or unlawful detention. She alleged that her mother’s conduct and behaviour towards her had not been cordial and that she had frequently been subjected to assault and abuse at her parental home. After interacting with the daughter and considering her statement in its entirety, the court found that she was a major and had consciously and voluntarily expressed her unwillingness to reside with her mother.
Kalawati had filed a habeas corpus writ petition seeking directions for the production of her daughter before the HC. Thereafter, police officials from Ghosi police station in Mau district produced her before the high court. She further stated before the court that she did not wish to reside with her mother.
Because such person happens to be her parent, the court observed: “A major person cannot be compelled, against her expressed will, to reside with a particular person merely.
The high court said that once the corpus has attained majority and made a “clear, voluntary and unequivocal choice” regarding her place of residence, her autonomy and decisional freedom are entitled to due recognition.