Apex Court Comes To Rescue Of Inter-Faith Couple, Directs Parents To Release Daughter From Detention And Expresses Anguish Over 14 Adjournments By High Court

In the matter, the Special Leave Petition challenged an order of the Karnataka High Court where after adjourning the habeas corpus petition 14 times, the matter stood tentatively listed for April 10, 2025.

The bench noting the undue delay, expressed anguish over 14 persistent adjournments by the High Court. It was of the opinion that it was a total lack of sensitivity on the part of the High Court in a matter where the girl expressed her will on unequivocal terms.

It is to be noted that because of the adjournments, and not passing appropriate orders at the appropriate stage the detenue was illegally detained for a longer period.

Consequentially, a bench of Justice B.R. Gavai and Justice Sandeep Mehta observed, “Before we decide the present petition, we must place on record our anguish at the manner in which the High Court of Karnataka has dealt with the present matter. When in a habeas corpus petition the detenue-Meera Chidambaram had in unequivocal terms expressed before 4 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. Adjourning the matter on fourteen occasions and now postponing it indefinitely and posting it in the year 2025 depicts a total lack of sensitivity on the part of the High Court in such a matter. As a matter of fact, not passing appropriate orders at appropriate stage has contributed to further illegal detention of the detenue. Because of such lackadaisical approach, the petitioner and his parents have been compelled to make frequent trips from Dubai to Bengaluru just to ensure the well-being of the detenue-Meera Chidambaram. When the question of liberty of a person is involved even a day’s delay counts”.

The Court further warned the parents that disobedience of any of the directions would entail initiation of suo motu contempt proceedings against them.

Advocate M. Gireesh Kumar appeared for the petitioner and Senior Advocate Vinay Navare appeared for the respondent.

The present petition was filed by the petitioner praying for ad interim ex-parte stay of the interim order passed by the High Court of Karnataka at Bengaluru.

It was the petitioner’s case that he and the detenu (respondent 7 herein) were studying together at Dubai, they knew each other for the last nine years and were in a relationship since 2022. It is the contention of the petitioner that her parents, after coming to know about the relationship of the petitioner, forcibly took her from Dubai and illegally detained her in Bengaluru at her uncle’s house.

It was further contended that her devices, passport, belongings and other articles were taken away from her to prevent her from pursuing her career at Dubai.

As per the statement of detenue, she had categorically stated that she was forcibly taken away from Dubai on the pretext of her grandfather’s sickness and that she was being forced to enter into an arranged marriage.

On January 3, 2024, the Apex Court had passed the following order “Taking into consideration the fact that even in a serious matter like habeas corpus the High Court is dealing at a snail’s pace, we are inclined to entertain the present petition. 2. Issue notice, returnable on 17.01.2024 at 2.00 p.m”.

Therefore, the Court in the order thus observed, “We hold that the continued detention of respondent No.7-Meera Chidambaram by respondent Nos.4 and 5 is illegal. Hence respondent Nos.4 and 5 shall set her at liberty forthwith and she is permitted to proceed further as per her own wishes. ii) It is informed that the passport, other important documents and personal belongings of respondent No.7-Meera Chidambaram are with respondent Nos.4 and 5. The said respondent Nos.4 and 5 are directed to return the said passport/documents/belongings to respondent No.7- Meera Chidambaram within a period of 48 hours from now”.

Cause Title: Kevin Joy Varghese v. The State Of Karnataka & Ors.

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