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2026 Supreme(Online)(Ker) 28766

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., K. V. JAYAKUMAR, JJ
SREEJA VIJAYANKUTTY @ CHANDRIKA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 682 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.LIFFY P. FRANCIS
For the Respondents: SMT. REKHA C.NAIR (SR.GP), SRI.K.T.SAJU

Habeas corpus petition dismissed upon alleged detenue confirming voluntary marriage and no illegal detention.

Headnote:The petition seeks a writ of habeas corpus alleging illegal detention of the alleged detenue by the fourth respondent. Relevant rules include Rule 11(1) of the Kerala Registration of Marriages (Common) Rules, 2008. The court found the alleged detenue not under illegal detention, having validly married the fourth respondent with religious rites performed and marriage registered. The primary issue was whether the alleged detenue was in illegal custody. The court observed that after personal interactions, the alleged detenue asserted her voluntary marriage and denied illegal detention, with assurances for continuing education (paras 2-3). The writ petition is closed as no illegal detention exists.

Table of Content
1. habeas corpus filed alleging illegal detention by mother. (Para 1)
2. detenue confirms voluntary marriage and denies illegal custody. (Para 2)
3. parties agree on education support; petition closed. (Para 3 , 4)

ZIYAD RAHMAN A.A. , J .

The petitioner is the mother of the alleged detenue, Nandaki. This writ petition is filed seeking the issuance of a writ of habeas corpus on the allegation that the alleged detenue is under the illegal detention of the 4th respondent.

2. When the matter came up for consideration today, the petitioner, her husband, the alleged detenue, and the fourth respondent appeared in person before this Court. When the matter was taken up in the morning, the petitioner was given an opportunity to interact with the alleged detenue and both of them had interacted. Thereafter, the matter was taken up at 1:45 p.m. in chambers and was further deliberated in the presence of the petitioner, her husband, the 4th respondent, and the alleged detenue, along with the lawyers representing the parties. The alleged detenue, even after interacting with the petitioner, asserted that she is not in any illegal custody and that she had already entered into a marriage with the 4th respondent, and that the necessary religious rites were performed at the Guruvayur Temple on 07.04.2026. The marriage has also been registered under Rule 11(1) of the Kerala Registration of Marriages (Common) Rules, 2008, and a copy of the certificate in this regard has also been produced.

3. During the interaction with the petitioner, she submitted that they are prepared to conduct the further functions relating to the marriage with the mutual cooperation of all the parties concerned. Their anxiety is to ensure that the alleged detenue continues her studies and to ensure that all facilities are provided for the same. To address the said problem, the 4th respondent and the alleged detenue asserted that the alleged detenue is pursuing her career very seriously and that all facilities are being extended by the 4th respondent for the same. These submissions are recorded.

4. At this point, the petitioner also submitted that for raising funds for meeting the educational expenses of the alleged detenue, they have pledged certain gold ornaments of the petitioner as well as her relatives and the same was done in the name of the alleged detenue. Even though they are prepared to bear the said expenses, in order to get the gold ornaments released, signature of the alleged detenue is required. The alleged detainee has submitted that she is prepared to cooperate with the same by affixing necessary signature in this regard. Since it has come out during the interactions with the parties that the alleged detenue is not under any illegal detention, we do not find any scope for granting the reliefs sought in this writ petition.

Therefore, this writ petition is closed in view of the developments as extracted in the judgment as above.

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