Parental Love Or Concern Can't Fluster An Adult's Right To Choose The Person She Wants To Marry: Kerala High Court

The Division Bench comprising Justice Vijayaraghavan V. and Justice P. M. Manoj made the observation while deciding a habeas corpus petition filed by the woman's partner in this

The petitioner is a Masters Student in Germany. He said that he is in an intimate relationship with a woman working as a Project Engineer. According to the petition, the father of the woman is opposed to the relationship as petitioner is of a different religion and has detained her.

The Court interacted with the woman through video conference. The Court had also talked to her father and the petitioner. The woman who is 27 year old told the court that she is kept under illegal detention and she wishes to go with the petitioner.

The Court referred to Supreme Court judgment, Shafin Jahan v Asokan K. M. and observed that the role of the Court is to see that the detenu is produced before it, find about his/her independent choice and see to it that the person is released from illegal restraint. The choice of an individual should be conferred with the status that the Constitution guarantees, provided that the said choice does not transgress any valid framework, it added.

The Court thus permitted the woman to be set at liberty and join the petitioner.

Counsel for Petitioner: Advocates Nobel Raju, C. R. Rajakumar, Aleena Jose

Counsel for Respondents: T. Sanjay, Sanil Kumar G.

Citation: 2024 LiveLaw (Ker) 345

Case Title: Althaf J. Muhammed v The District Police Chief and Others

Case No.: WP (Crl.) No. 565 of 2024

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