Case Note & Summary
The petitioner, Dr. Lokanatha R, filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus to direct the police respondents to search, trace, identify, and produce Ms. Lavanya Aradhya @ Tejaswini, the daughter of respondents No. 4 and 5. The petitioner claimed that the daughter was illegally detained by her parents. On the last date of hearing, the fourth and fifth respondents along with their counsel and Ms. Lavanya appeared via video conferencing. Ms. Lavanya stated that she did not wish to stay with the petitioner and wanted to stay with her parents. On the current date, the learned counsel for the petitioner appeared, and Ms. Lavanya again asserted that she wanted to stay with her parents. The court noted that Ms. Lavanya is a major and is not in illegal detention. Therefore, no writ of habeas corpus can be issued. The petition was dismissed.
Headnote
A) Habeas Corpus - Custody of Major - Writ of Habeas Corpus - Article 226 of the Constitution of India - The petitioner sought a writ of habeas corpus to produce a major daughter from her parents. The daughter, aged 20 years, appeared before the court and stated she wished to stay with her parents. The court held that since the daughter is a major and is not in illegal detention, no writ of habeas corpus can be issued. The petition was dismissed. (Paras 1-3)
Issue of Consideration
Whether a writ of habeas corpus can be issued to produce a major daughter who is living with her parents against the wishes of the petitioner.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Habeas corpus
- custody of major
- writ of habeas corpus
- personal liberty
- Article 226
Case Details
2020 LawText (KAR) (07) 171
Writ Petition (HC) No.36 of 2020
Abhay S. Oka, Chief Justice, Nataraj Rangaswamy, Justice
K.B. Vijayakumar for petitioner, Venkatesh Dodderi for respondents 4 and 5, V.S. Hegde, SPP-II for respondents 1 to 3
State of Karnataka and Others
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Nature of Litigation
Writ petition seeking habeas corpus for production of a major daughter allegedly illegally detained by her parents.
Remedy Sought
Petitioner sought a writ of habeas corpus directing police to search, trace, identify, and produce Ms. Lavanya Aradhya @ Tejaswini before the court.
Filing Reason
Petitioner alleged that Ms. Lavanya was illegally detained by her parents (respondents 4 and 5).
Previous Decisions
On the last date, Ms. Lavanya appeared and stated she wished to stay with her parents.
Issues
Whether a writ of habeas corpus can be issued when the alleged detenu is a major and voluntarily resides with her parents.
Submissions/Arguments
Petitioner argued that Ms. Lavanya was illegally detained by her parents.
Ms. Lavanya stated she wanted to stay with her parents and not with the petitioner.
Ratio Decidendi
A writ of habeas corpus is not maintainable when the alleged detenu is a major and is not in illegal detention. The court cannot interfere with the personal liberty of a major who voluntarily chooses to stay with her parents.
Judgment Excerpts
Miss Lavanya asserts that she wants to stay with her parents and does not wish to stay with the petitioner.
Since Miss Lavanya is a major and she is not in illegal detention, no writ of habeas corpus can be issued.
Procedural History
The petition was filed on an unspecified date. On the last date of hearing, respondents 4 and 5 and Ms. Lavanya appeared via video conferencing. The matter was adjourned as petitioner's counsel was absent. On the current date, petitioner's counsel appeared and the court heard the matter and dismissed the petition.
Acts & Sections
- Constitution of India: Article 226
