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2026 Supreme(Online)(Ker) 28767

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A.A., K. V. Jayakumar, JJ
Sabira P.S. – Appellant
Versus
State of Kerala – Respondent
WP(CRL.) NO. 684 OF 2026



Advocates:
For the Appellants/Petitioners: B.Pramod, Athul M.V., Sobha Kumary K., Sandra S. Koshy
For the Respondents: Rekha C. Nair

No illegal detention found in live-in relationship habeas corpus after personal verification.

Headnote:No specific statutes cited. Petitioner alleged illegal detention of partner in live-in relationship by his brothers, supported by marriage certificate and pregnancy scan. Court found no illegal detention after personal appearance and interaction. Issues framed as claim of habeas corpus for production of alleged detenue. Ratio: Alleged detenue denied detention; petitioner pregnant but no coercion found. Writ petition closed, liberty to petitioner for other remedies.

Judgement Key Points

Key Points: - No illegal detention found after personal appearance and interaction; detenue denies detention. (!) (!) - Petitioner alleges she is two months pregnant with child of the alleged detenue. (!) - Writ petition closed; rights to petitioner to pursue other remedies left open. (!)

What is the outcome of the habeas corpus plea regarding illegal detention in a live-in relationship?

What are the findings regarding the alleged detenue's detention and the petitioner’s pregnancy?

What remedies or orders were issued or left open by the court?


Table of Content
1. alleged illegal detention in live-in relationship. (Para 1 , 2)
2. detenue denies detention; petitioner pregnant. (Para 3)
3. no illegal detention; petition closed. (Para 4)

JUDGMENT Ziyad Rahman A.A., J.

The petitioner was in a live-in-relationship with the brother of respondents 4 and 5 (the ‘alleged detenue’). According to the petitioner, the ‘alleged detenue’ is under the illegal detention of respondents 4 and 5, as the said respondents were against their relationship. A Writ Petition was submitted in such circumstances seeking the following reliefs:

(i) Issue a writ of Habeas Corpus commanding respondents 1 to 3 to trace out the detenue and produce him before this Hon’ble Court.

(ii) Grant such other order as this Hon’ble Court deems fit and necessary in the facts and circumstances of the case.

(ii) Dispense with the translation of the documents produced in the Vernacular Language.

2. Today when the matter was taken up, the petitioner as well as the ‘alleged detenue’ appeared before this Court in person. This Court permitted the petitioner to have interaction with the ‘alleged detenue’.

3. During the course of interaction between the parties concerned in the presence of their respective counsel, the ‘alleged detenue’ submitted that he is not under any illegal detention. The petitioner submitted that she is two months pregnant with the child of the ‘alleged detenue’.

4. After considering all relevant aspects and taking into account the inputs received from the interaction between the parties, we see no illegal detention of the ‘alleged detenue’.

This Writ Petition is closed accordingly, leaving open the rights of the petitioner to workout her remedies.

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