Supreme Court expressed anguish at how the High Court dealt with the matter (File/PTI)
The Supreme Court on Wednesday asked the parents of a 25-year-old woman to set her at liberty and castigated the Karnataka High Court for "total lack of sensitivity" while handling the case and called her detention illegal.
The top court was hearing an appeal by a man challenging a Karnataka High Court order on his habeas corpus petition against his partner's parents.
A person in detention, or someone acting on their behalf, may petition high courts or the Supreme Court for their production before a court if they feel they have been detained unlawfully.
Taking note of the peculiar facts and circumstances of the case, a bench of Justices BR Gavai and Sandeep Mehta spoke with the woman, her parents, and the parents of the man before passing the directions.
The bench noted that the woman, being a mature major, desires to go with the parents of the man.
"We hold that the continued detention of respondent (woman) ... by respondent nos. 4 and 5 (her parents) is illegal," the bench said, adding, "In any case, a major girl cannot be compelled to do something against her wishes."
The top court also expressed its anguish at how the high court dealt with the matter.
"When in a habeas corpus petition the detenue ... had in unequivocal terms expressed before the High Court that she desired to go back to Dubai to pursue her career, the High Court ought to have passed the order setting her at liberty with immediate effect," it said.
The bench said adjourning the matter on 14 occasions and posting it in 2025, depicts a "total lack of sensitivity" on the part of the High Court in such a matter.
"Because of such lackadaisical approach, the petitioner (man) and his parents have been compelled to make frequent trips from Dubai to Bengaluru just to ensure the well-being of the detenue ... When the question of liberty of a person is involved, even a day's delay counts," it said.
While disposing of the plea, the bench directed the woman's parents to hand over her passport, other important documents, and personal belongings to her within 48 hours.
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