Can Parents Force an Adult Child To Live With Them? Allahabad High Court Upholds Right To Choose Residence

The Allahabad High Court recently observed that a major person cannot be compelled, against her expressed will, to reside with a particular person merely because such person happens to be her parent. Court dismissed a mother's habeas corpus petition seeking the return of her 25-year-old daughter, who was presently residing independently in Delhi.

The bench of Justice Sandeep Jain emphasised that once the corpus had attained majority and had made a clear, voluntary and unequivocal choice as to the place of her residence, her autonomy and decisional freedom were entitled to due recognition.

Habeas Corpus Cannot Compel Adult To Reside With Parent

Court said that the jurisdiction of the high court in a habeas corpus proceeding is directed towards securing release from illegal or unlawful detention; it cannot ordinarily be invoked to compel an adult corpus to reside with a person against her will when no illegal detention is established.

In pursuance of an earlier order dated August 17, 2026, the state had produced the girl before the court. Court interacted with her in person.

Before the court, the girl categorically stated that she was presently residing independently in Delhi and was neither in the illegal nor unlawful custody or detention of any person. She also stated that she did not wish to reside with her mother as their relationship was not cordial and her mother had frequently subjected her to assault and abuse.

The girl expressed her clear and unequivocal unwillingness to return to or reside with her mother.

Mother's Plea

On the other hand, the mother denied the allegations levelled against her by the girl and expressed her desire that her daughter should reside with her at the parental home.

Taking into account both the statements, the high court held that since the girl was a major and had consciously and voluntarily expressed her unwillingness to reside with her mother, and there was no material on record to indicate that she was under any form of illegal or unlawful detention or that her liberty was being curtailed by any person, she could not be compelled to live with the mother.

"The essential foundation for maintaining the present habeas corpus petition is conspicuously absent. No case of illegal or unlawful detention is made out against any person and, consequently, no further relief can be granted in exercise of the extraordinary writ jurisdiction of this court", court ordered while dismissing the mother's plea.

Court directed that the girl, being a major and competent person, shall remain at liberty to reside at a place of her choice and with a person of her choice.

Case Title: Kalawati Devi and Another v. State of U.P. and 6 Others

Order Date: September 28, 2026

Bench: Justice Sandeep Jain