The court upheld the autonomy of an adult individual in choosing their living arrangements, emphasizing that no illegal confinement was present.

ORDER :

(A.Y. KOGJE, J.)

1. This petition is filed for the following reliefs:-

“(A) Your Lordship may kindly be pleased to admit and allow the present petition.

(B) Your Lordship may kindly be pleased to issue a writ of habeas corpus or a writ in the nature of habeas corpus and/or any other appropriate writ, directing the respondent nos. 2 and 3 to produce the daughter of petitioner namely (Corpus) Sweta Savaniya before this Hon'ble Court and set her free form the illegal custody and confinement; in the interest of justice.

(C) Pending the admission, hearing and final disposal of the present petition Your Lordships may kindly be pleased to direct the respondent nos. 2 and 3 to produce the corpus daughter of the petitioner namely Sweta Savaniya before this Hon'ble Court and handed over the custody of the corpus daughter to the petitioner and direct to the respondent nos. 2 to 3 to file a report before this Honorable Court demonstrating the action/ investigation taken against respondent nos. 4 to 6; in the interest of justice.

(D) Pass such other and further order or orders as may be deemed just and proper in the facts and circumstances of the present case;”

2. The petitioner before the Court is the father of the corpus namely Sweta Savaniya, who is presently aged 21 years. According to the petitioner, she had gone missing and therefore, immediately the petitioner had given the written complaint on 07.03.2025 to the Police Inspector at Kodinar Police Station. However, she was not found and therefore, the present petition is filed.

3. In the petition, it is alleged that the respondent No.4 is responsible for the disappearance of the corpus. According to the petitioner, the respondent No.4 is not a person of good virtue and is indulging in several vices and therefore, the petitioner is concerned about the safety and security of the corpus.

4. Pursuant to the evidence served upon the OfÏce of the Government Pleader, corpus Sweta Savaniya is present before the Court through respondent No.2. Respondent No.4 is also present along with them.

5. At the request of the learned advocates, the matter is taken up in the chamber for ascertaining the wishes of the corpus. The learned Additional Public Prosecutor had tendered the report dated 16.03.2025 wherein, it is indicated that the respondent No.4 and the corpus were in affair since long and as the relation was opposed, they had eloped and got married.

6. Over and above, the corpus herself is present before the Court and therefore, the court has interacted with the corpus in presence of the respective advocates. The corpus is aged 21 years and has cleared her 10^th (tenth) Standard. To the Court, she appears to be confident and mature enough to take her decision.

7. She has declared before the Court that she was having long standing affair with the respondent No.4 and on account of such affair only, both of them decided to elope and marry each other. Presently, she is not in any illegal confinement or wrongful detention but, out of her own will, she is residing with respondent No.4 and is living as a legally wedded wife.

8. Learned advocate for the petitioner has raised concerns about the well-being and the fact that the petitioner himself, residing far away, has not been able to reach the Court when the matter is taken up. And therefore, as prayed for, permission is granted to the petitioner to interact with the corpus.

9. As the Court has already recorded the declaration made by the corpus regarding her desire to go with the respondent No.4, no further order is required to be passed. However, it is directed that the corpus and the petitioner, both, may be summoned at Kodinar Police Station on 20.03.2025. On that day, the respondent No.2 shall provide for a conducive atmosphere for the parents of the corpus and corpus herself to interact with each other.

10. With the aforesaid observations, the petition stands disposed of.