Court mandates police protection, restoration of mobile phone, and counseling to ensure free interaction and career freedom for woman amid parental opposition
In a significant judgment delivered on October 13, 2026, the Kerala High Court, in a Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., ruled in favor of an adult woman involved in an interfaith romantic relationship, protecting her autonomy against parental opposition.
The case arose when Aswin Saji, the petitioner, sought judicial intervention against the District Police Chief and others after his partner, an adult woman, was allegedly prevented by her parents from freely communicating with him, pursuing her career, and exercising her personal liberty. The woman had been in a relationship with the petitioner for nearly two years and had expressed her willingness to marry him. However, her parents objected strongly to the interfaith nature of the relationship and restricted her communication and career opportunities.
The Court, after an independent interaction with both parties and their families, noted that the woman was under immense mental pressure from her parents, and her cessation of communication with the petitioner was not voluntary. The Court emphasized the fundamental right of adults to decide their personal relationships and future without undue interference from family members.
Key directions issued by the Kerala High Court include:
- - The parents of the woman are prohibited from obstructing her free interaction with the petitioner until they reach a final decision regarding their relationship.
- - The woman's mobile phone, which had been wrongfully withheld by her parents, was restored in Court, with a clear directive that it shall not be taken away again. This ensures that all means of communication remain open for her to freely communicate with the petitioner.
- - The Court underscored the right of the woman to pursue her career and employment, noting that due to family resistance, she was unable to join VVDN Technologies despite a job offer. Parents were directed not to impede her professional choices.
- - In line with the Supreme Court's precedent set in Devu G. Nair v. State of Kerala (2024), the petitioner and the woman are entitled to police protection if there are any threats, violence, or abuse. The Station House Officer was directed to provide necessary protection upon receiving any complaint.
- - Both parties were instructed to appear before the Secretary of the District Legal Services Authority (DLSA), Muvattupuzha, who was tasked with appointing a qualified counselor. The counselor is to engage with the couple and, if necessary, their parents to ensure the well-being of all involved.
The Court recognized the adult status of both the petitioner and the woman, reinforcing the principle that adults have the right to make decisions regarding their personal relationships and careers without coercion. It called upon both families to cooperate and avoid creating impediments to the couple's relationship.
This judgment highlights the judiciary's commitment to upholding individual autonomy, especially in cases involving interfaith relationships, and sets a precedent for protecting the rights of adults to choose their life partners and careers freely.
Bottom Line:
Habeas corpus/police protection - Adult woman in interfaith relationship cannot be prevented by parents from freely interacting with her partner, pursuing employment, or using her means of communication - Where Court finds that her non-communication was not voluntary and she is under mental pressure from parents, directions can be issued to ensure free interaction, restoration of mobile phone, counselling through DLSA, and police protection in case of threat, violence or abuse.
Statutory provision(s): Constitution of India, 1950 Article 226.
Aswin Saji v. District Police Chief, (Kerala)(DB) : Law Finder Doc Id # 2998850
