CRWP-8168-2026 1 236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-8168-2026 Date of Decision: 16.07.2026 RAMMEHAR ...Petitioner Vs. STATE OF HARYANA AND OTHERS ...Respondents CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Abhishek Pundir, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. Mr. D.S. Virk, Advocate for respodnent Nos. 4 & 5. VIRINDER AGGARWAL , J. (Oral) 1. The present writ petition has been instituted under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a writ in the nature of Habeas Corpus for production of the detenue, namely Ms. Rakhi, daughter of the petitioner, alleging that she had been illegally and forcibly detained by respondent Nos. 4 and 5. 2. Mr. D.S. Virk, Advocate puts in appearance on behalf of the respondent No.4 and 5 has filed his Vakalatnama, which is taken on record. 3. The detenue is produced before this Court today in compliance with the directions issued by this Court. The Court interacted with the detenue in the Courtroom, independently and in the absence of any external influence, with a view to ascertain her wishes, free will and volition. During the course of such interaction, the detenue stated that she is a major and is fully conscious of consequences of her decision. She categorically stated that she is residing with respondent No. 4 out of her own free will and volition and that she has not been illegally detained, confined or restrained by respondent No. 4 KUMUD VERMA 2026.07.17 18:15 I attest to the accuracy and integrity of this document Chandigarh CRWP-8168-2026 2 or by any other person. She further states that she is not under any threat, coercion, pressure, inducement or undue influence and that her decision to reside with respondent No. 4 is entirely voluntary. The detenue, in clear and unequivocal terms, expresses her unwillingness to accompany the petitioner, who is her father, and states that she desires to continue residing with respondent No. 4 of her own choice. The Court finds the detenue to be composed, coherent and unequivocal in expressing her wishes, and there appears to be no circumstance suggesting that the statement made by her is anything other than voluntary. 4. Learned counsel appearing for the petitioner requested that the petitioner be permitted to interact with the detenue in the hope that she may reconsider her decision. The request was allowed, and the petitioner was permitted to interact with the detenue for some time within the Court premises. 5. After such interaction, the detenue again appeared before the Court and reiterated her earlier stand. She remained firm in her decision and categorically stated that she is not willing to accompany the petitioner and wishes to continue residing with respondent No. 4 of her own free will. 6. It is well settled that in a petition seeking a writ of Habeas Corpus, once the alleged detenue is produced before the Court and it is found that such person is a major and is residing at a place of his or her own choice without any illegal restraint or detention, no case for issuance of a writ of Habeas Corpus survives. A major individual has the fundamental right to decide where and with whom to reside, and such choice cannot be overridden merely because the parents or guardians disapprove of the same. KUMUD VERMA 2026.07.17 18:15 I attest to the accuracy and integrity of this document Chandigarh CRWP-8168-2026 3 7. In view of the categorical statement made by the detenue before this Court and there being no material to indicate that she is under any illegal detention or confinement, the present writ petition is disposed of as having become infructuous, with the observation that the detenue, being a major, shall be at liberty to reside at a place and with a person of her own choice. No further directions are called for. 8. Pending application(s), if any, also stand disposed of. (VIRINDER AGGARWAL) JUDGE 16.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.17 18:15 I attest to the accuracy and integrity of this document Chandigarh