Kerala HC says adult woman is free to pursue interfaith relationship, restrains parents

The Kerala High Court has directed the parents of a woman not to obstruct her relationship with her male partner or prevent her from pursuing employment of her choice, observing that she was under tremendous mental pressure from her family over their interfaith relationship.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM passed the order on October 13 while disposing of a habeas corpus petition filed by the woman's partner, who alleged that she was being prevented from communicating with him by her parents.

The court interacted independently with the couple and their parents. It noted that the woman had admitted to being in a romantic relationship with the petitioner for nearly two years and had expressed her willingness to marry him. However, her parents were opposed to the interfaith marriage and unwilling to accept any relationship between the two.

“It appears that the alleged detenue is under tremendous mental pressure from her parents and that her decision not to communicate with the petitioner was not voluntary,” the court observed.

The bench noted that both the woman and the petitioner were well-qualified and had until recently been employed by reputed companies. Both are currently unemployed.

The woman had also received a job offer from a reputed tech company but could not join the firm due to resistance from her family, the court noted.

During the interaction, the petitioner's family indicated that they were willing to accept the woman. The petitioner, meanwhile, submitted that he would first secure employment before deciding to marry her.

The court said, “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 Bench said.

It directed the woman's parents not to cause any impediment to her free interaction with the petitioner.

The court also said the couple would be entitled to police protection, if required. It directed that necessary police protection be provided if the station house officer (SHO) receives a complaint about the risk of violence or abuse.

“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 said.

The bench further asked both families to cooperate and refrain from creating obstacles to the relationship, noting that both individuals were adults and free to decide their future.

The court also took note of the fact that the woman's mobile phone had been withheld by her parents. The phone was restored to her in court on the day of the hearing.

Making it clear that the phone should not be taken away again, the bench said, “All means of communication shall remain open for the alleged detenue to freely communicate with the petitioner.”