Home / Crime and Justice / Adult daughter's choice: Court limits habeas corpus use
Adult daughter's choice: Court limits habeas corpus use
11 Mar
Summary
- Habeas corpus not for tracing adults who choose to live independently.
- Court dismissed petition from mother seeking adult daughter's whereabouts.
- Adults are free to make life decisions without family compulsion.
The Orissa high court has clarified that the constitutional remedy of habeas corpus is not intended for tracing adult individuals who have voluntarily chosen to live independently. A division bench observed that this writ cannot be used as a tool for evidence gathering or to achieve impermissible objectives.
The ruling came while dismissing a habeas corpus petition filed by a mother concerned about her adult daughter's whereabouts. The court noted the daughter, in her early twenties, had informed authorities that she wished to live independently and was not under illegal confinement. She had previously left her matrimonial home and was involved in ongoing legal proceedings with her husband.
The bench highlighted that the daughter had attained majority and was capable of making her own life decisions. The court affirmed that the law does not compel adults to maintain contact with family members if they choose to keep their distance from both parental and matrimonial homes.
