Court directs petitioner to cooperate with police inquiry but bars coercion to return to parental home against her will
In a significant judgment delivered on September 26, 2026, the Kerala High Court, presided over by Justice Bechu Kurian Thomas, addressed the delicate issue of police involvement in a missing person case involving a major woman who left her parental home voluntarily. The petitioner, Risana S., approached the Court alleging police harassment following a complaint lodged by her mother, which led to registration of a missing person case under Section 57 of the Kerala Police Act, 2011.
The petitioner contended that she had left her home due to familial discord-primarily her father's refusal to allow her to continue her education and an arranged marriage that did not meet her expectations. She subsequently moved out of her matrimonial home and was residing independently in Thrissur, seeking to pursue her studies. Despite this, the police, acting on the complaint of her mother, had been repeatedly summoning her to the police station. Risana feared these actions were attempts to coerce her into returning home against her wishes.
The Court examined the facts and legal principles surrounding the police's duty and the petitioner's personal liberty. It recognized that once a missing person complaint is filed and a crime registered, the police are obligated to investigate and ascertain the whereabouts of the missing individual. Mere contact or summons by police for such investigation does not constitute harassment.
However, the Court firmly upheld the fundamental right of the petitioner, a major woman, to make independent decisions regarding her residence and life. It ruled that neither her parents nor the police could compel her to return home if she chose not to do so. The judgment emphasized respect for personal liberty under Article 226 of the Constitution of India.
To balance the police's duty and the petitioner's rights, the Court directed Risana to appear before the investigating officer to confirm her presence and state her intentions explicitly. The police were instructed to record her unwillingness to return home if expressed and to conclude the investigation lawfully without exerting undue pressure.
The Court's directions provide clarity on the scope of police powers in missing person cases involving adults and reinforce that personal liberty cannot be overridden by parental claims or police coercion. The writ petition was disposed of with clear instructions safeguarding the petitioner's autonomy while allowing the police to complete their inquiry.
This ruling is a noteworthy affirmation of adult women's rights in the context of familial disputes and police investigations, ensuring that lawful investigation does not translate into unlawful harassment.
Bottom Line:
Police inquiry in a missing person case cannot be treated as harassment when crime is already registered; however, a major person is free to decide where to reside and cannot be compelled by parents or police to return home against her wishes.
Statutory provision(s):
Article 226, Constitution of India, 1950; Section 57, Kerala Police Act, 2011
Risana.S v. State of Kerala, (Kerala) : Law Finder Doc Id # 2999288
