Parents or police can't force adult woman to return home against her wishes: Kerala High Court

The Kerala High Court has observed that an adult woman cannot be compelled to return to her parental home against her wishes by the police or her parents on a missing person complaint. [XXX v State of Kerala & ors]

Justice Bechu Kurian Thomas made the observation while disposing of a petition filed by a 22-year-old woman who alleged that police were repeatedly summoning her to the police station after she left her family home to pursue her education.

In a judgment delivered on September 26, the judge said that a woman above the age of 18 has the right to make her own decisions, including where she wishes to decide.

"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," the judge said.

The petitioner moved the Court contending that her family had arranged her marriage without her consent and that she later left her husband's house after he did not meet her needs.

She returned to her paternal home, but in April 2026, she left her paternal home after her father refused to allow her to continue her education. She then began living in Thrissur.

Following this, her mother filed a missing person complaint at the Kattakada Police Station in Thiruvananthapuram.

The petitioner alleged that police officers repeatedly harassed her by asking her to appear at the station and feared that they were trying to force her to return to her parents against her wishes.

The police denied the allegations of harassment and informed the Court that they contacted her only to investigate the missing person complaint.

Considering the submissions, the Court clarified that the police were duty-bound to investigate a complaint once a case had been registered and found no reason to presume that the police were harassing the petitioner.

Accordingly, the Court directed the petitioner to appear before the Chavakkad Police Station at Thrissur for recording her whereabouts details and whether she wished to return to her parental home.

It also directed that she could not be forced to return if she wished to stay in Thrissur and asked the Chavakkad Police Station to communicate the information to Kattakada Police Station for completing their investigation on the missing person complaint.

Advocate VA Johnson (Varikkappallil) appeared for the petitioner.

Government pleader Laya Mary Joseph represented the state.

[Read Judgment]