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2026 Supreme(Online)(Ker) 6164

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
LIJU.Y – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 128 OF 2026



The court confirmed the lack of jurisdiction to issue a writ of habeas corpus when the alleged detenue willingly opts to stay with her family.

Headnote:In this writ petition, the petitioner claims that the alleged detenue is being detained by her father due to familial opposition. However, upon interaction, the alleged detenue confirmed her freedom and desire to return with her parents, leading to the dismissal of the petition. The court held that jurisdiction to issue a habeas corpus writ was not established. The final verdict was the dismissal of the writ petition.

Table of Content
1. detenue's expressed desire negates detention claims. (Para 1 , 2)
2. court's jurisdiction declined based on clear evidence. (Para 3)
3. writ petition dismissed in favor of familial rights. (Para 4)

Devan Ramachandran , J.

The petitioner alleges that the alleged detenue is being detained by her father – the fourth respondent and his family because, he is opposed to their relationship.

2. The alleged detenue was, however, produced before us by the 4th respondent and we had an interaction with her. She told us unequivocally, and without any ambiguity, that, though she had affection for the petitioner in the past and though she had spent some time with him, she does not intend to continue with him and that she is not under detention of her parents. She affirmed that she came with her parents and wants to return with them.

3. When the alleged detenue has spoken so clearly and without any reservation, we are certain that we cannot exercise jurisdiction, in a plea for the issuance of a writ of habeas corpus.

4. In the afore circumstances, this writ petition is dismissed; recording that the alleged detenue has left this Court along with the fourth respondent and her family.

In order to ensure the privacy of the parties, we direct that the names of the parties in this case be anonymized in all papers.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu APPENDIX OF WP(CRL.) NO. 128 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED FROM KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED

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