The Kerala High Court, in its recent ruling on a habeas corpus petition, emphasized the importance of an adult's right to choose their life partner, asserting that parental love or concern should not override this fundamental right.

This observation was made by the Division Bench, consisting of Justice Vijayaraghavan V. and Justice P. M. Manoj, underscoring the significance of individual autonomy in matters of marriage.

The petitioner, a master's student in Germany, stated that he is in an intimate relationship with a woman who works as a project engineer. According to the petition, the woman's father opposes their relationship due to the petitioner being of a different religion and has consequently detained her.

The Court interacted with the woman, her father, and the petitioner through a video conference. During the session, the 27-year-old woman informed the Court that she was being held in illegal detention by her father and expressed her desire to go with the petitioner.

The Court referred to the Supreme Court judgment in Shafin Jahan v. Asokan K. M. and noted that its role is to ensure the detenu is presented before it, ascertain their independent choice, and secure their release from illegal restraint. The Court emphasized that an individual's choice must be respected and given the constitutional status it deserves, as long as it does not violate any legitimate legal framework.

The Court thus permitted the woman to be set at liberty and join the petitioner.

Counsel for Petitioner: Advocates Nobel Raju, C. R. Rajakumar, Aleena Jose

Counsel for Respondents: T. Sanjay, Sanil Kumar G.

Case Title: Althaf J. Muhammed v The District Police Chief and Others

Case No.: WP (Crl.) No. 565 of 2024