SC terms detention of woman by parents illegal, expresses anguish over Karnataka HC proceedings

New Delhi: The Supreme Court on Wednesday directed parents of a 25-year-old woman to set her at liberty, calling her continued detention at Bengaluru in her uncle's house by them as “illegal” .

Acting on a plea by the woman's Dubai-based relationship partner, a bench of Justices B R Gavai and Sandeep Mehta allowed her to go with his parents.

The court interacted with the woman, who claimed that though she has all the love, respect and affection for her parents, she would like to go back to Dubai and pursue her career.

She further said that on three occasions she had got interview calls from Dubai for different jobs, she could not attend the same, as she was under detention by her parents. She further submitted that since all important documents including the passport are in the custody of her parents, her position is almost like house arrest.

The court directed her parents to return all her documents and personal belongings within 48 hour.

"When the question of liberty of a person is involved even a day’s delay counts," the bench said.

The court passed the order on a plea by Kevin Joy Varghese, who moved the apex court challenging an order passed by Karnataka High Court on November 29, 2023.

The bench noted that the petitioner’s partner is a grown-up girl aged about 25 years and highly qualified.

“We have personally interacted with her in chambers on three occasions. In the intervals we had interactions with her parents as well as the parents of the petitioner….. Interaction with her showed that she is mature enough to understand as to what is right and what is wrong for her in her life. In any case a major girl cannot be compelled to do something against her wishes,” the bench said.

The court also expressed its anguish at the manner in which the High Court of Karnataka has dealt with the present matter. “When in a habeas corpus petition the detenue had in unequivocal terms expressed before the High Court that she desired to go back to Dubai to pursue her career, the High Court ought to have passed the order setting her at liberty with immediate effect. Adjourning the matter on fourteen occasions and now postponing it indefinitely and posting it in the year 2025 depicts a total lack of sensitivity on the part of the High Court in such a matter,” the bench said.

The bench said as a matter of fact, not passing appropriate orders at appropriate stage has contributed to further illegal detention of the detenue.

“Because of such lackadaisical approach, the petitioner and his parents have been compelled to make frequent trips from Dubai to Bengaluru just to ensure the well being of the detenue. When the question of liberty of a person is involved even a day’s delay counts,” the bench said.

The woman’s parents had contended that they are not opposed to the wishes of their daughter.

They said, taking into consideration the present-day scenario in the society, they desired that their daughter should be financially stable before she takes a decision about her life. They said they are concerned about the security of their only child.

The petitioner said that they were studying together at Dubai, and knew each other for the last nine years and they have been in a relationship since 2022. However, her parents forcibly took her from Dubai and are illegally detained her in Bengaluru at her uncle’s house.