JOIN USSC rejects spiritual guru's plea for his live-in partner's 'release'
The Supreme Court on Tuesday declined a plea by a 42-year-old spiritual guru from Kerala to release his 21-year-old live-in partner from her parents' alleged illegal custody, because of the "suspicious credentials" of the man.
A bench presided over by Chief Justice N V Ramana refused to interfere with a Kerala High Court's order, rejecting the man's habeas corpus plea.
The Court also cited the Britney Spears case as the pop star fought a legal battle in the US to free herself from the conservatorship of her father.
Referring to a PIL on parents' concern about such spiritual gurus, the bench asked the man's counsel, "You also know about some of these Gurujis."
The bench, also comprising Justices A S Bopanna and Hrishikesh Roy, said, "This is not a matter where we can interfere. The girl is in a fragile state of mind. She is 21-years-old. She does not know what she is doing."
The Court also pointed out the man was married with two children. His mother also said she doesn't trust her son. He is also involved in a POCSO case.
"How can we give this girl to this man," the bench asked senior advocate Gopal Shankaranarayanan, appearing for the man.
The counsel contended that the High Court adopted a "paternalistic approach" by denying an adult woman right to take independent decisions for herself.
On this, the bench referred to the "suspicious credentials" of the petitioner.
Shankaranarayanan clarified that the petitioner was not seeking that the woman is allowed to join him, but was only asking for her to be free from the "illegal detention" of her parents.
"It is a question of liberty of the woman," he said, claiming the High Court judges erred in assessing the mental capacity of the woman based on their personal interaction with her, though the Mental Healthcare Act obligated them to refer the girl for medical examination.
On this, the bench said, "No parent will say that a 21-year-old has a mental health issue. In India, people cover up mental health issues."
"This is a case where we are clear that the woman should not go with the petitioner. You want her to be let loose? She should be with her parents. There is nothing illegal detention, she is with her parents," the bench said.
The top Court disposed of the matter with a direction to the Registrar General of the High Court to ask the concerned District Judge to interact with the woman and her parents after a month and send a report on her condition to the Supreme Court.
"Taking into account peculiar facts and circumstances, we are not inclined to interfere with the matter. To satisfy ourselves, we request the Registrar of the High Court to take steps to produce the girl before the District Judge concerned after one month and the District Judge is directed to examine her and after interacting with her and her parents, the District Judge must send a report on the condition of the girl to be examined by this Court," the bench said in the order.
The petitioner, a doctor by profession, claimed the 21-year-old woman, his live-in partner and Yoga Shishya, was forcefully taken from his custody by her parents on October 26, 2020, against her will.
He said he renounced worldly life and separated from his wife and two daughters at the age of 42 and turned to spiritual practice on Vedantha Upanishad.