Court dismisses father's plea seeking recovery of daughter who voluntarily left home to marry of her choice, affirming legal recognition of adult's free will.
In a significant judgment delivered on October 8, 2026, the Jammu & Kashmir and Ladakh High Court, presided by Justice Sanjay Dhar, dismissed a habeas corpus petition filed by Bashir Ahmed seeking the tracing and recovery of his 20-year-old daughter. The petitioner contended that his daughter had gone missing under suspicious circumstances after leaving home to attend her Higher Secondary School examination and feared she was abducted or detained unlawfully.
Upon notice, the daughter was impleaded as a respondent in the petition and filed a reply asserting that she had left her parental home voluntarily to marry a person of her choice, Mohd. Abdullah. She emphasized that her decision was made without any undue influence or coercion, and she was fully aware of the consequences. She requested the Court not to order her custody to her father and expressed her desire to live independently with her husband.
The Court summoned the daughter in person, recorded her statement under oath, and found her testimony consistent with her application. She reiterated that she was an adult who had consciously chosen to marry and live with her husband, Mohd. Abdullah, and did not wish to reside with her parents.
Justice Dhar held that once a person attains majority and makes a voluntary and unequivocal decision regarding their residence and marital life, such a choice is protected by law. The Court emphasized that a writ of habeas corpus is intended to secure release from illegal or unlawful detention and cannot be used to compel an adult to live with or accompany a particular person against their will, even if that person is a parent.
Finding no material to suggest unlawful detention or abduction, the Court held that the daughter's voluntary departure to live with her husband did not amount to illegal custody. Consequently, the habeas corpus petition was dismissed, affirming the adult daughter's liberty to live with the person of her choice.
This judgment reaffirms the principle that adult individuals have the constitutional right to make autonomous decisions about their personal lives, including marriage and residence, free from parental compulsion. It also clarifies the limited scope of habeas corpus petitions concerning adults who are not under illegal detention.
Bottom Line:
Habeas corpus - Major daughter voluntarily leaving parental home and residing with husband of her choice - No illegal detention made out - Adult person cannot be compelled to reside with parents against her will.
Statutory provision(s):
Constitution of India, 1950 Article 226 (Writ jurisdiction - Habeas Corpus)
Bashir Ahmed v. U.T. of J&K, (J&K and Ladakh) : Law Finder Doc Id # 2996358
