Major Woman Entitled To Take Decisions About Her; Parents Or Police Can’t Force Her To Return Home: Kerala High Court
The petitioner approached the Kerala High Court alleging harassment by the Station House Officers of Kattakada and Chavakkad Police Stations.
While asking a woman to report to the Police Station in a missing person complaint filed by her mother, the Kerala High Court has held that an adult woman is entitled to take decisions about her, and neither her parents nor the police can interfere with such decisions or force her to return to her parental home
The petitioner approached the High Court alleging harassment by the Station House Officers of Kattakada and Chavakkad Police Stations.
The Single Bench of Justice Bechu Kurian Thomas held, “Notwithstanding the above, since the petitioner asserts that she is now residing at Thrissur and does not intend to go back to her parental home, she, being a major, is entitled to take decisions about her. Neither her parents nor the police can interfere with such freedom to decide. However, since a crime has already been registered before the third respondent, necessarily the said crime has to be brought to a logical conclusion. Hence, the petitioner must report herself before the fourth respondent to identify her existence and also to record her desire.”
Advocate V. A. Johnson represented the Petitioner while Government Pleader Laya Mary Joseph represented the Respondent.
Factual Background
The petitioner claimed that she left her parental home of her own volition, as her father did not permit her to continue her education. She further alleged that, without her consent, her marriage was arranged with another person and, after marriage, since her husband did not meet her needs, she left the matrimonial house and wanted to continue her studies. She left her parental home in April 2026 and continued to reside at Thrissur. The petitioner alleged that her mother lodged a complaint before the third respondent, and a criminal case had already been registered at the Kattakkada Police Station. It was alleged that she was being repeatedly harassed by the police, compelling her to appear before the police station.
She approached the Court with the apprehension that her appearance before the police station was an attempt to force her to return to her parents against her will and consent.
Reasoning
The Bench noted that a criminal case had already been registered alleging that the petitioner was missing from her home. The complaint was filed at the instance of the petitioner’s mother.
The Bench further observed, “Once a complaint is received and a crime has been registered, it is the duty of the police to investigate the same. Identifying and obtaining details of the missing person is a part of the duty of the police, especially when an investigation has already commenced. Only after locating the person, can the police be able to file a final report. In such circumstances, this Court cannot identify any reason to assume that the police is harassing the petitioner.”
Considering that the petitioner asserted that she was residing at Thrissur and did not intend to go back to her parental home, the Bench held that she, being a major, could take her own decisions. Taking note of the fact that a criminal case had to be brought to a logical conclusion, the Bench ordered that the petitioner must report herself before the Station House Officer to identify her existence and also to record her desire.
The Bench thus disposed of the Petition by directing, “The petitioner shall appear in person before the fourth respondent on 06.10.2026 between 10.00 AM and 11.00 AM. (ii) If the petitioner does not intend to go back to her parental house or any other place, necessarily, none of the respondents shall compel her to do anything against her wishes.”
Cause Title: A v. State of Kerala (Neutral Citation: 2026:KER:74216)