SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 14305

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



Advocates:
For the Appellants/Petitioners: SRI.BINU V V VEETTIL VALAPPIL, SHRI.MANEKSHA D.
For the Respondents: SHRI.ALEX K.JOHN, SMT.FIDA HUSNA P.P., SMT.ANUSREE S. KUMAR, SMT. JILCY JACOB, STM.SREENU RAJ N., SHRI.NITHIN C. REGI, SMT.REENA JACOB, SHRI.NINAN THOMAS, SHRI.GEGO GEORGE, SHRI.MUHAMMED ZAIN SHABEER P.P.

A person's wishes regarding personal autonomy must be respected, especially in matters of relationships, provided they are of legal age and capable of making informed decisions.

Headnote:The judgment concerns a writ petition alleging unlawful detention. The petitioner claims his daughter, aged 21, is being held by the respondents against her will. The Court, after interaction with the alleged detenue, recognizes her autonomy and dismisses the writ petition as she expresses a desire to leave with another party. The judgment concludes with a directive to anonymize identities involved for privacy.

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/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top