IMPORTANT POINT
A major individual has the autonomy to choose their living arrangements, and a habeas corpus petition cannot be entertained if the individual expresses satisfaction with their current custody.

ORDER :

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body of the detenue, Aadith aged 20 years before this Court and from the legal custody of the respondent Nos.3 to 5, and to handover his custody to the legal guardian.

The present habeas corpus petition has been instituted seeking a direction to the respondents 1 and 2 to produce the body of the detenue viz., Mr. Aadith aged 20 years before this Court from illegal custody of the respondents 3 to 5.

2. The petitioner is the maternal uncle of the detenue viz., Mr.Aadith. The 3rd respondent is the biological father of the detenue. The 4th and 5th respondents are the paternal grand parents of the detenue.

3. The learned Counsel appearing on behalf of the petitioner would submit that the mother of the detenue is residing at United States of America. Mr.Aadith was taken out from United States of America by the 3rd respondent without the permission of the Court, which passed an order in favour of the mother of the detenue. It is further contended that the mother of the detenue, who is residing in States may be permitted to visit the detenue viz., Mr.Aadith.

4. Admittedly, the detenue viz., Mr.Aadith is aged 20 years and a major. His father/3rd respondent and paternal grandparents/respondents 4 and 5 are looking after the detenue. In order to ascertain the fact, the detenue was directed to be present and accordingly, he is present along with his father before this Court. The detenue viz., Mr.Aadith is capable of understanding the questions posed by this Court. In clear terms he answered by stating that he is willing to stay with his father at Chennai. His paternal grand parents are also taking care of him. Even for multiple questions asked by this Court, the detenue able to provide clear answer by stating that he is happy with his father and grand parents and leading a happy life.

5. In view of the above statement made by the detenue viz., Mr.Aadith before this Court, we could arrive at irresistible conclusion that there is no illegal detention as such established. Thus, this Habeas Corpus Petition is not entertainable and consequently stands dismissed.