Kerala High Court Orders Police Protection To Inter-Faith Couple; Bars Parents From Taking Mobile, Interfering In Relation Or Job Prospects

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a habeas corpus plea filed by the man whom she was in a relationship with.

The Court observed that the alleged detenu was an adult woman and that her parents cannot restrain her from being in the consensual relationship or wrongfully take away her mobile phone.

“Considering the fact that the alleged detenue is an adult and has clearly stated that she has been in a romantic relationship with the petitioner for the past two years, we are of the view that, irrespective of the outcome of their relationship, they should be allowed to interact freely until they arrive at a final decision. The parents of the alleged detenue shall not cause any impediment to her free interaction with the petitioner…We make it clear that, under no circumstances, the mobile phone of the alleged detenue shall be taken away by her parents. All means of communication shall remain open for the alleged detenue to freely communicate with the petitioner,” it said.

The Bench also added that the couple is entitled to police protection, if faced with violence or abuse, by referring to the Apex Court decision in Devu G. Nair v. State of Kerala and Ors.

It was also made clear that the parents of the couple are to abide by the order of the Court:

“We expect the parents of the alleged detenue to abide by this order and not to stand in the way of their daughter pursuing her career or taking up employment in any firm of her choice, and continuing her relationship with the petitioner. We expect the parents of the petitioner and the alleged detenue to cooperate and not to create any impediment to their relationship, as both are adult and free to decide their future.”

The Court had interacted with the parents of the couple, who had appeared pursuant to an earlier order. It noted that the woman was restrained from joining a company by her parents and that her mobile phone was also taken away.

The Court was also told that the petitioner's parents are open to the relationship while the woman's family was not. Moreover, it was suggested that a couple be given a period of 2 years to settle down and decide on their future plans.

Along with the directions made above, the Court also directed the parties to appear before the District Legal Service Authority Secretary concerned. The Secertary is to assign a counsellor to interact with the couple and their parents, as needed, to ensure the couple's welfare.

Thus, the Court disposed of the plea.