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2026 Supreme(Online)(Ker) 13352

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
... ... ... – Appellant
Versus
DISTRICT POLICE CHIEF OFFICE OF DISTRICT POLICE CHIEF, ASRAMAM,KOLLAM DISTRIC – Respondent
WP(CRL.) NO. 270 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH, SMT.R.K.CHIRUTHA, SMT.ANJANA SURESH.E, SMT.REETHU JACOB, SMT.HASNA JABIL, SMT.ANJITHA S., SMT.PRAGATHY PREM NAIR, SMT.MEERA NAIR.I.P
For the Respondents: SRI B S SYAMANTHAK-GP; SRI MENINO FUTO

The court determined that a mature individual's expressed wishes regarding their custody should be honored, leading to the dismissal of the Writ Petition.

Headnote:The petitioner, alleging that the ‘alleged detenue' is being unlawfully detained by her parents against her wishes, sought to have her set free. After interacting with the detenue, who affirmed her desire to return with her mother to pursue her education, the court found no reason to intervene. The Writ Petition was dismissed consequently. The ruling emphasized the importance of protecting the parties' privacy by ordering anonymization of all identities in the records.

Table of Content
1. petitioner's claims regarding unlawful detention. (Para 1 , 2)
2. court's consideration of the detenue's wishes. (Para 3 , 4)
3. final ruling and dismissal of writ petition. (Para 5)

Devan Ramachandran, J.

The petitioner alleges that the “alleged detenue” -

who is merely 18 years in age – is being detained against her wishes by respondent Nos.3 and 4 - her parents, solely because they are not in approval of their relationship. 2. Sri.M.R.Sasith – appearing for the petitioner, submitted that his client and the “alleged detenue” are relatives and therefore, well known to each other; but that the 3rd and 4th respondents are detaining her solely with the intention of keeping them away from each other. He prayed that, therefore, this Writ Petition be allowed and the “alleged detenue” be set at liberty.

3. However, the “alleged detenue” was produced before us by her mother – the 4th respondent, and we interacted with her. She told us unequivocally, without any ambiguity or doubt, that she wants to go back with her mother because she wants to pursue her present education - which she said is a course leading to the degree of Bachelor of Computer Applications. We repeatedly asked her whether she was under detention and her answer consistently was to the negative; reiterating that she wants to leave this Court with her mother.

4. Obviously, when the “alleged detenue” has spoken so clearly as afore, we obtain no reason to exercise jurisdiction.

5. In the afore circumstance this Writ Petition is dismissed.

In order to protect the privacy of the parties, we direct that all their names and identity, including that of the “alleged detenue” be anonymised on all papers. We order the Registry to do so.

Sd/-

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