IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
SUBRAMANNIAN K. K. – Appellant
Versus
AJMAL – Respondent
WP(CRL.) NO. 295 OF 2026
| Table of Content |
|---|
| 1. allegation of unlawful detention. (Para 1) |
| 2. recognition of the alleged detenue's autonomy and desires. (Para 2 , 3 , 4 , 5) |
| 3. court's dismissal of the petition based on the wishes of the alleged detenue. (Para 6) |
Devan Ramachandran, J.
The petitioner alleges that his daughter (who will hereinafter be referred to as the alleged detenue), is being detained against her wishes by the 1st and 2nd respondents.
2. The alleged detenue was produced before us by 1st respondent, and she told us that she is having a “relationship” with him. She, however, conceded that the 1st respondent is only 20 years in age and cannot marry her; but adding that they have lived together, without the knowledge of their families, for nearly 13 days. She pleaded with us that she be allowed to go with the 1st respondent.
3. Hearing the alleged detenue as afore, we allowed the petitioner and his wife – namely her parents, to interact with her for over two hours within the court premises. However, even after this, the alleged detenue did not change her mind and wanted to go with the 1st respondent.
4. The mother of the 1st respondent was available before us, and when we asked her how her son can demand that the alleged detenue be with him, when he is not of marriageable age, she said she will take care of her because the latter is insisting that she will only go with her.
5. This is a rather strange situation where the alleged detenue wants to go with the mother of the 1st respondent; while, the latter undertakes to take care of her as her own daughter. The alleged detenue is 21 years of age, and she has a mind of her own; we cannot shackle it, under our constitutional scheme.
6. We, therefore, dismiss this writ petition, acceding to the wishes of the alleged detenue.
In order to protect the privacy for 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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