Introduction:

In a significant ruling, the Kerala High Court addressed the fundamental right to choice in matters of marriage, emphasizing that parental concerns should not override the autonomy of adults. The Division Bench, comprising Justice Vijayaraghavan V. and Justice P. M. Manoj, delivered the judgment in response to a habeas corpus petition filed by the partner of a woman who was allegedly detained by her father due to their interfaith relationship.

Arguments:

The petitioner, a Masters Student in Germany, asserted that he was in an intimate relationship with a woman working as a Project Engineer. He highlighted that the woman’s father opposed their relationship on religious grounds and had detained her against her will. Advocates representing the petitioner emphasized the woman’s right to freedom of choice and urged the Court to intervene to ensure her release from illegal detention.

On the other hand, counsel for the respondents, including the woman’s father, argued against the relationship, citing religious differences and parental concerns. However, the Court underscored the importance of upholding individual autonomy and ensuring that adult choices are respected, regardless of familial objections.

Court’s Judgement:

After interacting with the woman through video conference and hearing arguments from both sides, the Kerala High Court invoked the Supreme Court’s precedent in Shafin Jahan v Asokan K. M. The Court reiterated that its role is to safeguard the individual’s right to independent choice and ensure release from illegal restraint. In line with constitutional guarantees, the Court upheld the woman’s right to choose her partner and ordered her immediate release to join the petitioner.