2026 Supreme(Online)(Ker) 18848
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
Sreehari K H – Appellant
Versus
District Police Chief Office – Respondent
WP(CRL.) NO. 433 OF 2026
For the Appellants/Petitioners: Shri.Ajmal A., Shri.Muhammad Aslam S., Shri.Razien Mohammed Aqbar
For the Respondents: Adv Vaisakhi V (R3 and R4), Adv Anas K A (PP)
The desires of an individual in a detention situation must be respected when they express independence and personal choice.
Headnote:The petitioner seeks a writ of Habeas Corpus to produce and release the alleged detenu, asserting her capability of independent decision-making. The Court, after interaction with all parties involved, found that the detenu is not under illegal restraint and wishes to stay with her parents. Accordingly, the relief sought by the petitioner is denied. The wishes of the detenu are respected, leading to the conclusion of the writ petition.
Raja Vijayaraghavan V., J.
The petitioner is employed as a Senior Associate Manager with Cholamandalam Investment and Finance Company Ltd. He states that he is in love with the alleged detenu, the daughter of the 4th respondent. According to him, he has been in a relationship with the detenu for the past several years. He asserts that the detenu is 27 years of age and fully capable of making independent decisions concerning her life and personal relationships. It is further submitted that he last m et the detenu at Lekshmi Residential Hotel, Mavelikara, on 22.01.2026, after which he was unable to meet or communicate with her in person. The petitioner alleges that the detenu subsequently conveyed to him, through Ext. P4 series of WhatsApp messages, that she was being subjected to harassment by her parents. Despite making several attempts to contact her thereafter, the petitioner was unable to reach her. It is in these circumstances, apprehending that the detenu may be under illegal restraint, that the petitioner has approached this Court seeking the issuance of a writ of Habeas Corpus and requesting that the alleged detenu be ordered to be produced before this Court and set at liberty.
2. Pursuant to the directions issued by this Court, the alleged detenu, along with her parents, has appeared before us.
3. We have interacted with the petitioner, the alleged detenu, the parents of the detenu, as well as the father of the petitioner. During the course of this interaction, the detenu clearly stated that she is not under any form of illegal detention or restraint by her parents. She further stated that, at present, she wishes to continue residing with her parents. She has also stated that her parents have assured her that an appropriate decision regarding her future will be taken at the proper time, and she expressed that she would abide by the decision taken by them. Having interacted with the detenu for quite some time, we find that she is aware of the consequences of her decisions. We are certain that the wishes of the alleged detenu have to be respected.
4. We have also interacted with the parents of the detenu. They stated before us that when their daughter becomes independent in all respects and if she expresses such a request in the future, they would consider proceeding further with the relationship.
5. In the light of the unequivocal stand taken by the detenu before this Court, we are of the view that the relief sought by the petitioner cannot be granted. Since the detenu has clearly expressed her desire to continue staying with her parents, the said statement is recorded.
This Writ Petition is closed.
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