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PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Devu G. – Appellant
Versus
State of Kerala – Respondent
ORDER
1. In a petition under Article 226 of the Constitution seeking a writ of habeas corpus, the High Court passed an order on 13 January 2023 requiring the Secretary of the District Legal Services Authority ['DLSA'], Kollam to visit the residence of the fourth and fifth respondents and to record the statement of the detenu, who is the daughter of the said respondents and to ascertain as to whether she is under their illegal detention. The High Court directed that if the statement indicates that she is under illegal detention, then she shall be produced before the High Court on 19 January 2023. On the other hand, the High Court observed that if the statement of the detenu indicated that she is not under illegal detention, there would be no need to produce her before the High Court.
2. By a further order of 2 February 2023, the High Court directed that the detenu shall have to attend a counselling session in an authorized counselling centre over the next four or five days and the proceedings have been listed on 16 February 2023.
3. Counsel appearing on behalf of the petitioner submits that the petitioner and the detenu are in a same sex relationship and the order of the High Court dir
Protection of individual rights and fair assessment in habeas corpus cases.
The court affirmed the individual's right to autonomy in personal relationships, particularly for LGBTQIA+ individuals, recognizing such choices as integral to personal liberty under Articles 19 and ....
A Writ of Habeas Corpus is not maintainable when the alleged detenue is a major and confirms that she is residing of her own free will.
The autonomy of a major individual to decide their own course of action, irrespective of the validity of their marriage, is a fundamental principle upheld by the court.
A detenu's mental condition does not equate to illegal custody when the individual is an adult and able to make personal choices.
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