Division Bench Affirms Adult Woman’s Right to Maintain a Consensual Relationship, Communicate Freely and Choose Her Employment
Kerala High Court Protects Interfaith Couple’s Rights
The Kerala High Court has intervened in an Interfaith Couple Police Protection case involving an adult woman and her partner. The woman alleged that her parents restricted her relationship, took away her mobile phone and prevented her from pursuing employment.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. heard the matter.
The woman’s partner had filed a habeas corpus petition seeking the Court’s intervention.
In its decision reported as 2026 LiveLaw (Ker) 585, the Court affirmed the woman’s right to make independent decisions.
The Bench observed that her parents could not prevent her from maintaining a consensual relationship.
Moreover, the Court made it clear that her parents could not wrongfully take away her mobile phone.
Parents Cannot Restrict Communication Between Adult Partners
The Court noted that the woman had maintained a romantic relationship with the petitioner for two years.
During the proceedings, she clearly acknowledged the relationship.
The Bench emphasised that both individuals had the right to communicate freely.
Therefore, their families could not obstruct their interactions while they considered their future together.
The Court observed:
“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 judges stressed that the couple should have the freedom to reach their own decision.
Furthermore, the Court specifically prohibited the woman’s parents from taking away her mobile phone.
The Bench stated:
“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.”
Accordingly, the Court directed the parents to respect the woman’s freedom of communication.
High Court Allows Police Protection Against Violence or Abuse
The Kerala High Court also addressed concerns about the couple’s safety.
The Bench observed that the couple could seek police protection if they faced violence or abuse.
In this context, the Court referred to the Supreme Court’s decision in Devu G. Nair v. State of Kerala and Ors.
The judges emphasised that both families should respect the couple’s personal choices.
Additionally, the Court expected the parents to avoid creating obstacles to the relationship.
The Bench recognised that both individuals were adults capable of deciding their own futures.
Woman’s Right to Employment Must Remain Unrestricted
The Court also examined allegations concerning the woman’s employment.
During the proceedings, the Bench learned that her parents had prevented her from joining a company.
The Court also learned that they had taken away her mobile phone.
Consequently, the judges addressed both her professional freedom and personal autonomy.
The Bench observed:
“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.”
The Court made it clear that the woman could choose her employment without parental interference.
Moreover, her family could not prevent her from continuing her relationship with the petitioner.
The judges stressed that the parents must respect her independent decisions.
Court Interacts With Parents of Both Partners
During the hearing, the Court interacted with the parents of both individuals.
The parents appeared before the Bench in response to an earlier judicial order.
The proceedings revealed differing positions between the two families.
The petitioner’s parents expressed their willingness to accept the relationship.
However, the woman’s parents opposed it.
The Court also considered a suggestion that the couple receive two years to settle down.
During that period, they could consider their future plans and decide how to proceed.
Nevertheless, the Bench emphasised the importance of respecting their existing rights as adults.
High Court Directs Parties to Approach DLSA
The Kerala High Court also issued directions to support the couple’s welfare.
The Bench instructed the parties to appear before the Secretary of the concerned District Legal Services Authority (DLSA).
The Secretary must arrange counselling whenever necessary.
The counsellor may interact with the couple and their parents.
This process aims to safeguard the couple’s welfare and encourage constructive communication.
Furthermore, the Court expected both families to cooperate with the process.
The judges stressed that the parents should not interfere with the couple’s future decisions.
Kerala High Court Disposes of Habeas Corpus Petition
After examining the circumstances, the High Court issued directions concerning communication, employment and personal safety.
The Court prohibited the woman’s parents from restricting her contact with the petitioner.
It also directed them not to interfere with her career choices.
Additionally, the Bench recognised the couple’s entitlement to police protection against violence or abuse.
The Court referred the parties to the DLSA for counselling support when required.
After issuing these directions, the Bench disposed of the habeas corpus petition.
The Interfaith Couple Police Protection case highlights the Court’s emphasis on adult autonomy and freedom of choice.
The ruling also reinforces the importance of respecting consensual relationships and independent career decisions.
