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2009 Supreme(Ker) 833

R.BASANT, M.C.HARI RANI
Rajmohan M. S. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioner:K. Jayakumar, S. jiji, NM. James, Advocates. For the Respondent:P.C. Sasidharan, Advocate.

Judgment :-

Basant, J.

What are the limits of the decisional autonomy of an adult daughter who has attained majority? Is she obliged to be in the “custody” of her parents until marriage? Can she be kept in such “custody” against her will and wishes? Cannot jurisdiction under Article 226 of the Constitution of India to issue a writ of habeas corpus be invoked by this Court when a grievances is made before it that the parent is detaining his adult daughter against her will and desire? Is the law to close its eyes assuming that the parent can and does no wrong in dealing with his adult daughter in the way he thinks best? These questions arise for consideration in this Writ petition, where the learned counsel for the 6th respondent, Advocate P.C. Sasidharan, questions the jurisdiction of this Court to proceed any further with this petition on the ground that the petition is not maintainable.

2. It will be apposite at the outset to refer to the basic facts in the light of which these questions arises for consideration. We have ascertained the relevant facts from the pleadings of the parties and the documents made available for perusal of the Court. Ms. Shamnamol, daughter of the 6th respo


























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