Adult daughter cannot be forced to live with parents: Allahabad HC
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Prayagraj: The Allahabad High Court has held that parents cannot use a habeas corpus petition to compel an adult daughter to live with them against her wishes, stressing that a major is free to decide where and with whom she wants to reside.
The ruling was passed by Justice Sandeep Jain while dismissing a petition filed by Kalawati Devi seeking the production of her 25-year-old daughter, Kumari Pooja, before the court.
The court had earlier, on August 17, 2026, directed the state to produce Pooja. She subsequently appeared before the court and told the judge that she was living independently in Delhi by her own choice and was not being unlawfully detained.
Pooja also said she did not want to return to her mother’s home. She alleged that her mother had treated her poorly and that she had repeatedly faced assault and abuse while living at the parental home.
Kalawati denied the allegations and told the court that she wanted her daughter to return and live with her.
After interacting with Pooja and considering her statement, the court found that she was a major and had made a conscious and voluntary decision not to live with her mother.
The court accordingly dismissed the habeas corpus petition, holding that an adult cannot be compelled to reside with a particular person merely because that person is a parent.