Daughter’s custody with mother and father not compulsorily unlawful detention: Supreme Courtroom
The Supreme Court refused to address Spiritual Guru’s habeas corpus plea, which challenged Kerala High Court’s order, as the latter dismissed his plea wherein he alleged that his ‘spiritual live-in partner’ was under illegal detention of her parents and was seeking for her release.
The bench expressed its reluctance to entertain the plea as according to it, the Kerala High Court did not find any incriminating evidence against the girl’s ‘illegal detention’ under her parents.
The bench stated that there is an apparent difference between custody and illegal detention, and that custody not always amount to illegal detention.
The petitioner is a 52-year old man who claimed to have renounced the worldly pleasures in order to devote himself for spiritual practice. According to him, the detunu, who is a 21-year old woman, was his yoga shishya as well as ‘spiritual partner.’
The High Court primarily relied upon its interactions with the girl and was of the opinion that she was of vulnerable mental condition
It repudiated his plea on grounds that firstly, the woman was in vulnerable mental state, and secondly, that the petitioner’s credentials could not be relied upon.
The counsel for petitioner, before the Supreme Court, contended that the petitioner’s credentials were not relevant for the petition and that the girl was inclined to be with the petitioner.
The bench, headed by CJI, said that none of the evidence showcase that the girl is under illegal detention, which is an essential to form a case of habeas corpus.
However, the Apex Court allowed petitioner to approach High Court and seek review on the question of law i.e. illegal detention in this case.