LI Network
Published on: January 18, 2024 at 12:41 IST
In a significant ruling, the Supreme Court declared the detention of a 25-year-old woman by her parents as illegal, directing them to release her immediately.
The apex court also expressed strong criticism for the Karnataka High Court, citing a “total lack of sensitivity” in its handling of the case.
The matter came before the Supreme Court as an appeal by a man challenging the Karnataka High Court’s order on his habeas corpus petition against the woman’s parents.
In cases where an individual feels unlawfully detained, they or their representative may approach high courts or the Supreme Court for relief.
The Supreme Court, in this instance, took note of the unique circumstances and engaged with the concerned parties before issuing its directives. Justices B R Gavai and Sandeep Mehta interacted with the woman, her parents, and the parents of the man involved.
Highlighting the woman’s status as a mature adult, the bench emphasized her right to make decisions in her own interest. The Court declared, “We hold that the continued detention of respondent (woman) …by respondent nos.4 and 5 (her parents) is illegal,” asserting that a major girl cannot be compelled to act against her wishes.
The Supreme Court also expressed dismay over the Karnataka High Court’s approach to the case. Criticizing the high court for not promptly addressing the woman’s expressed desire to return to Dubai for her career, the Supreme Court remarked that such matters should be dealt with promptly in habeas corpus petitions.
The bench strongly condemned the high court’s lackadaisical approach, noting that the case had been adjourned 14 times and scheduled for a hearing in 2025.
This, according to the Supreme Court, demonstrated a “total lack of sensitivity” on the part of the high court, causing undue hardship to the petitioner and his parents who had to make repeated trips from Dubai to Bengaluru.
In concluding the case, the Supreme Court directed the parents of the woman to return her passport, important documents, and personal belongings within 48 hours, ensuring her immediate freedom.