The Kerala High Court has clarified that an adult woman has the freedom to decide where she wishes to live and that neither her parents nor the police can compel her to return against her wishes. Justice Bechu Kurian Thomas issued the direction while disposing of a writ petition alleging police harassment after a missing-person complaint was registered.
The Court also directed the woman to appear before the Chavakkad Police Station to confirm her presence and record her decision regarding returning to her parental home.
Background
The petitioner told the Court that she had left her parental home because her father did not allow her to continue her education. She also alleged that her marriage had been arranged without her consent and that she subsequently left her matrimonial home because her needs were not being met.
According to her account, she left her parental home in April 2026 and was residing in Thrissur. She alleged that her mother had lodged a missing-person complaint at Kattakkada Police Station and that police personnel were repeatedly asking her to appear at the station. She apprehended that the police might attempt to force her to return to her parents.
The State, however, submitted that the police had contacted her only in connection with the missing-person complaint. Crime No. 688 of 2026 had been registered under Section 57 of the Kerala Police Act, 2011.
Justice Bechu Kurian Thomas observed that once a complaint is received and a crime is registered, the police have a duty to investigate. Locating a missing person and obtaining relevant details are part of that responsibility.
The judgment stated,
"Identifying and obtaining details of the missing person is a part of the duty of the police, especially when an investigation has already commenced."
On the allegation of harassment, the Court observed that it could not identify a reason to assume that the police were harassing the petitioner merely because they were contacting her during the investigation.
At the same time, the Court emphasised the petitioner's independence as an adult. It observed,
"Neither her parents nor the police can interfere with such freedom to decide."
The Court also clarified that the registered case still had to reach its logical conclusion in accordance with law.
The High Court directed the petitioner to appear personally before the Station House Officer of Chavakkad Police Station on October 6, 2026, between 10 am and 11 am.
It ordered that if she did not wish to return to her parental home or go elsewhere, none of the respondents could compel her to act against her wishes. The police were directed to record her presence and, if she expressed unwillingness to return home, communicate that position to the Station House Officer of Kattakkada Police Station.
The latter was directed to complete the investigation and submit an appropriate report in accordance with law.
The writ petition was disposed of with these directions.
