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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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