Background 

In the instant matter of Mohammed Noufal v. Superintendent of Police a petition asking for a writ of habeas corpus ordering the defendant to be produced before the court and released from the unlawful confinement. In the current case, it was claimed that the petitioner had been dating the putative detenue for five years. He said that the detenue’s mother and uncle were opposed to their union and were hurriedly arranging for the detenue to be married to someone against her will. He therefore filed the current writ of habeaus corpus in an effort to obtain instructions for her release from her mother’s and uncle’s unlawful incarceration.

Analysis of Court order 

The petition was denied by the divisional bench of Justices P B Suresh Kumar and C.S. Sudha of the Kerala High Court because there was no unlawful imprisonment.

The Station House Officer brought the alleged detenue in front of the court pursuant to an order dated June 13, 2023, and she confessed before the court that neither her parents nor anyone else had illegally detained her. She also confirmed that her parents were against her relationship with the petitioner. This interaction was the one the Court cited. She had also made it clear that even though she was in love with the petitioner and ready to wed him, she preferred to travel with her mother rather than with him. As a result, the Court denied the instant writ petition and determined that the petitioner was not entitled to the requested remedy.