'Spiritual Guru' Moves Supreme Court Seeking Release Of His 'Spiritual Live-In Partner' From Parents' Custody

The Supreme Court on Monday considered a petition filed by a man, who claimed to be a 'spiritual guru', seeking release of his 'spiritual live-in partner' who was alleged to be under the illegal detention of her parents.

The special leave petition was filed challenging an interim order passed by a division bench of the High Court on January 4 refusing to order the release of the woman.

The petitioner, who was a doctor by profession, said that he renounced worldly life and separated from his wife and two daughters at the age of 42, and that the detenu, a 21 year old woman, was his 'spiritual live-in partner and yoga shishya'.

He filed a habeas corpus petition in the Kerala High Court alleging that his partner was being detained by her parents so as to prevent her from meeting him.

On January, a division bench of Justices K Vinod Chandran and MR Anitha, after interacting with the detenu in private, observed :

"We were not satisfied that the subject is capable of taking a decision; especially by the manner in which she interacted with us".

The High Court noted that the detenu was wearing vermilion in her head as done by married women. She stated that she was being illegally detained by her parents. Though she complained that she was subjected to domestic violence, the High Court observed that there were no such indications.

The parents of the detenu told the court that they were disillusioned with the conduct of the petitioner and that their daughter showed signs of hysteria and psychiatric problems.

The High Court had also called for a report from the local police about the petitioner. The Sub Inspector of the concerned place reported to the High Court that the preliminary enquiry did not show any evidence of active practice of medicine or psychiatry being carried out by the petitioner, who goes by the name of a "Yoga Therapist and Psycho Therapist".

In this backdrop, the High Court observed "the subject would be safer with her parents", despite her insistence to go with the petitioner. The High Court also directed the District Police Chief to conduct an enquiry into the credentials and background of the petitioner.

Challenging the refusal of the High Court to allow the release of the detenu, the petitioner moved the Supreme Court through Advocate A Karthik.

The petitioner's counsel, Senior Advocate Gopal Sankaranarayanan, submitted that the High Court's order was against the judgment of the Supreme Court in the Hadiya case, which upheld the right of a major woman to choose her partner.

A bench headed by Chief Justice of India S A Bobde expressed initial reluctance to entertain the petition.

"Where is the evidence that you are a spiritual guru?", CJI asked the counsel.

Gopal Sankaranarayanan replied : "It is said in the petition. Credentials of the petitioner does not matter in the habeas case if the detenu says she wants to live with the petitioner. This is the law as per Hadiya case".

He stressed that the woman had told the High Court that she wanted to go with the petitioner. The bench then asked if she has made a complaint to the police about illegal detention.

In response, the lawyer referred to the complaint sent by her to the State Human Rights Commission.

The bench ultimately proceeded to adjourn the hearing till next week considering the fact that the matter is listed before the High Court tomorrow.