HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 751 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State, and perused the record. 2. In compliance of the order dated 25.08.2025, passed by this Court, petitioner no.1 (corpus) has been produced before the Court. 3. Upon a specific query being made by the Court, petitioner no.1 (corpus) has categorically stated that she is presently residing along with her husband (respondent no.4). She has further stated that she voluntarily came to the Court today and that she has not been subjected to any illegal confinement, wrongful restraint or coercion at the hands of respondent no.4 or any other person. She has also expressed her clear unwillingness to go with petitioner no.2 and has stated that she intends to continue residing with her husband of her own volition. 4. From the statement made by the corpus before this Court, it is apparent that she is residing at a place of her choice and that she is not under any illegal or unlawful detention as alleged in the petition. The essential precondition for issuance of a writ of Habeas Corpus is that the person on whose behalf the petition is filed must be found to be in unlawful or illegal detention. In the absence of such detention, no writ of Habeas Corpus can be issued, as the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked for enforcement of custody or guardianship rights where the person concerned is residing voluntarily at a place of her own choice. 5. In the present case, the corpus has appeared before the Court and made an unequivocal statement that she is residing of her own free will and is not being detained or confined by respondent no.4 or any other person. Once the corpus has asserted her independent choice, no further directions can be issued by this Court contrary to her will. The habeas corpus jurisdiction being essentially a writ of liberty cannot be converted into a proceeding for Versus Counsel for Petitioner(s) : Ajahar Zamil, Juned Alam Counsel for Respondent(s) : Brijesh Kumar Chaturvedi, G.A., Sandeep Kumar Chaturvedi Heena Khatun And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) adjudication of custody disputes when the element of illegal confinement is completely absent. 6. In view of the aforesaid facts and the unequivocal stand taken by the corpus before this Court, it is evident that the allegation of illegal detention is wholly misconceived and devoid of any factual foundation. Accordingly, the present Habeas Corpus Writ Petition, being devoid of merit, is hereby dismissed. The custody of petitioner no.1 (corpus) shall continue to remain with respondent no.4, who is her legally wedded husband. September 10, 2025 SY HABC No. 751 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad