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2026 Supreme(Online)(Ker) 25914

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
SAMON.P.K – Appellant
Versus
THE STATION HOUSE OFFICER VECHUCHIRA POLICE STATION – Respondent
WP(CRL.) NO. 609 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.S.MUHAMMED HANEEFF, SRI.M.H.ASIF ALI, SHRI.ASHIK ALI M.H., SHRI.SURJITH T. M.
For the Respondents: SRI.C.C.ANOOP, SRI.K.A.ANAS, G.P.

Adult woman's free choice of partner overrides parental detention; habeas corpus granted.

Headnote:First Paragraph: Habeas corpus petition filed alleging illegal detention of adult woman by family members. Court interacted with detenue, finding her capable of independent decisions. Detention held illegal. Second Paragraph: Issue: Legality of adult's detention by parents. Ratio: Adult capable of choosing life partner; parental detention unlawful when consent absent. Last Paragraph: Writ petition allowed; detenue permitted to go with petitioner.

Table of Content
1. habeas corpus alleges illegal detention by family. (Para 1)
2. adult detenue's choice upheld; detention illegal. (Para 2)

This petition, invoking the habeas corpus jurisdiction of this Court, is filed by the petitioner, who alleges that the detenue, Ms. Feba Shibu Thomas, aged 23 years, has been in a romantic relationship with him and that she was abducted and detained against her will and consent by respondents 3 and 4, who are her father and aunt, respectively.

2. Pursuant to the order passed by this Court on 01.04.2026, the detenue was produced before us by the State. On interaction with the detenue, she stated that being an adult aged 23 years, she prefers to go with the petitioner, with whom she is romantically inclined. We find the detenue to be capable of taking independent decisions regarding her life and her choice of a life partner, and hence we have to see the present detention of the detenue at the instance of her father and aunt as illegal. We, therefore allow this writ petition and permit the detenue to go along with the petitioner, to live her life according to her choice.

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