HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 768 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 27.08.2025, passed by this Court, petitioner no.1 (corpus) has been produced before the Court along with her child aged about six months (petitioner no.2). 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 child (petitioner no.2) at the residence of her uncle, Shri Lalaram, who is the father of respondent no.6. She has further stated that she has voluntarily come to the Court today along with her uncle, and that she has not been subjected to any illegal confinement, wrongful restraint or coercion at the hands of respondent no.6. 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 Versus Counsel for Petitioner(s) : Ashish Kumar Counsel for Respondent(s) : G.A., Radhey Shyam Yadav Shivani (Corpus) And 2 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) unequivocal statement that she is residing of her own free will and is not being detained or confined by respondent no.6 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 adjudication of custody disputes when the element of illegal confinement is completely absent. 6. In view of the aforesaid facts and the clear stand of the corpus, this Court finds that the allegation of illegal detention is wholly misconceived and without any factual foundation. Accordingly, the present petition is found to be devoid of merit and is hereby dismissed. September 11, 2025 A. Tripathi HABC No. 768 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad