Court Rules Major Daughter Can Choose Residence Freely, Dismisses Petition Against Alleged Detention
In a significant judgment reinforcing individual autonomy, the Madhya Pradesh High Court, Jabalpur Bench, has upheld the right of an individual who has attained majority to choose their residence and companions. The decision came in response to a writ petition filed by Urmila Jharia seeking a writ of Habeas Corpus to trace and produce her adult daughter, alleged to be under illegal detention by respondent No.5.
The court, comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal, interacted directly with the corpus, the petitioner's daughter, who was produced by the police as per previous court orders. During the interaction, conducted without police presence, the daughter confirmed her age and expressed her unequivocal desire to live with respondent No.5, asserting no coercion or undue influence was involved.
The bench reiterated the established legal principle that a person who has reached the age of majority is entitled to live wherever and with whomever they choose. The court emphasized that the writ of Habeas Corpus is applicable only when an individual is shown to be under illegal or unlawful detention or custody, which was not the case here.
The judges referred to the Supreme Court judgment in Soni Gerry v. Gerry Douglas, which upheld the autonomy of major individuals to make personal choices without interference from the courts. The court noted that it cannot act as a super guardian driven by parental sentiment when a major individual exercises their freedom.
In dismissing the petition, the court ordered that the corpus be set at liberty, free to go wherever she wishes, without interference from the petitioner or any other individual. This judgment underscores the court's role in protecting individual freedoms and respecting personal choices once legal adulthood is attained.
Bottom line:-
A person who has attained the age of majority has the right to live wherever and with whomever they wish, and the writ of Habeas Corpus is maintainable only when it is shown that the person is under illegal detention or custody.
Statutory provision(s):
Article 226 of the Constitution of India
