Allahabad High Court
MAHAK D/O RAVI @ BANTIversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
Since Mahak is a major who voluntarily resides with the respondent and is not being detained, the habeas corpus petition must be dismissed.
Summary
The father of Mahak filed a habeas corpus petition alleging that his daughter, a 19‑year‑old adult, was being illegally detained by private respondents. The court produced Mahak, who testified that she is a major, voluntarily residing with respondent No.6 Raja, and not under any illegal detention. Records showed that the Child Welfare Committee had left her to proceed on her own. The central issue was whether an adult who consents to her residence can be considered illegally detained for purposes of a habeas corpus writ. The court held that, as Mahak is a major and freely chose her residence, there is no illegal detention, and consequently dismissed the petition.
Issues considered
- Whether Mahak, being a major, is in illegal detention by private respondents
- Whether a habeas corpus writ is maintainable when the alleged detainee is an adult and consents to residence
Subjects
- habeas corpus
- illegal detention
- major
- personal liberty
- child welfare committee
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1186 of 2025
Mahak D/O Ravi @ Banti
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Piush Verma, Preetpal Singh
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. In compliance of the previous order, the corpus Mahak has been
produced in the Court by Sub-Inspector Raju Rana PNO No.152024132
and Mahila Constable, Aarti Verma, PNO No.182530500, P.S. Kotwali,
District Budaun.
2. The instant habeas corpus writ petition has been filed by the father of
the corpus Ravi @ Banti on the ground that the corpus is in the illegal
custody of private respondent nos.6 to 8, but the corpus, who is present in
the Court has unequivocally stated that she is major and she is not in the
illegal detention of any person and she is willingly residing with
respondent no.6 Raja.
3. From the documents available on record, it is evident that the corpus is
about 19 years old and on this ground since, she was major, she was left
to proceed by the Child Welfare Committee, Budaun and she has further
affirmed in the Court that she is not in the illegal detention of any person.
She has categorically stated that she does not want to go with her
father/petitioner, Ravi @ Banti.
4. In view of the above facts, it is apparent that the corpus is major, who
is not in the illegal detention of any person.
5. Accordingly, this habeas corpus writ petition is dismissed.
(Sandeep Jain,J.)
April 23, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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