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2026 Supreme(Online)(Ker) 26296
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
SHIBIN K SHIBU – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 607 OF 2026
For the Appellants/Petitioners: SRI.R.PRADEEP KUMAR,SHRI.U.BALAGANGADHARAN,SHRI.SATHEESH T.P.,SMT.NAMITHA GEORGE,SMT.STENEY K.A.
For the Respondents: SRI.K.A.ANAS, G.P.
Major adult's free will overrides parental detention in consensual relationships.
Headnote:Habeas corpus jurisdiction invoked where petitioner claimed major woman detained by parents. Essential facts: Major woman left home voluntarily to live with petitioner in loving relationship; parents forcibly retrieved her. Court found detention illegal as woman, over 18, expressed free will to return with petitioner. Parents conceded upon legal clarification. Issue: Whether detention by parents of major woman in consensual relationship lawful. Ratio: Court ascertained woman's volition directly; illegal detention ceases upon adult's free choice; parental restraint overreach post-majority. Writ petition allowed; woman permitted to go with petitioner.
| Table of Content |
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| 1. habeas corpus petition alleging unlawful parental detention. (Para 1 , 2) |
| 2. detenue's voluntary departure and free will affirmed. (Para 3) |
| 3. illegal detention ended; writ allowed. (Para 4) |
This Writ Petition invoking the habeas corpus jurisdiction of this Court is filed by Sri.Shibin K Shibu, who avers that he is in love with Smt.Aksa S.M the 6th respondent in the Writ Petition, and that the said detenue is being restrained at her parental home by the 7th, 8th and 9th respondents, who are her parents and brother.
2. When the Writ Petition came up for admission before this Court on 01.04.2026, the learned Government Pleader was asked to get instructions on behalf of the respondents 1 to 5, and notice was issued to respondents 7 to 9 by special messenger.
3. When the matter was taken up today, the respondents 6, 7, and 8 were present before us, as was the petitioner. On our interaction with the 6th respondent detenue, who is a young lady, was crossed 18 years of age as on 11.12.2025, she informs us that she had left her parental home on 22.02.2026 out of her own free will, and had begun residing with the petitioner with whom she has been in a long standing and genuine relationship of love and affection. It is stated that when news was obtained by her parents and brother of her residing with the petitioner, they had come to the petitioner's home and forcibly taken her away to her home. She is very clear in her decision to go with the petitioner of her own free will.
4. When this aspect was pointed out to the parents of the detenue, the 7th and 8th respondents herein, they understood the legal position in this regard, and have reluctantly agreed to let their daughter go along with the petitioner. The petitioner, who is also before us, states that he intends to marry the 6th respondent and that he has the means to look after her. Under such circumstances, we find that the detention of the 6th respondent by her parents cannot be seen as legal and now that the 6th respondent is before us and has indicated that she wants to go with the petitioner, we allow this Writ Petition and permit the 6th respondent to go along with the petitioner.
