The High court of Kerala refused to allow the writ petition in which a 52 years old spiritual person had filed a writ petition for the release of 21 years old spiritual live-in partner. The bench headed by Justice K Vinod Chandran and Justice MR Anitha held that the girl, suffering from an occasioned mental instability, stated that parental custody would be the best environment for her.
Background of the case
The girl was an exceptionally brilliant student who went through a serious depression. The portioner was a psychiatrist who had graduated from a foreign university. The parents of the girl took her to therapy sessions with the petitioner. After a while, there was a drastic change in the girl’s behavior in a way that she became too much attached to the petitioner and started to have feelings for him. But the petitioner’s behavior was very suspicious as he converted his living home to an Ashram and lived with his wife and children in a rental home. According to the statement given by the petitioner's mother, the petitioner was charged with sexually harassing a 14-year-old girl a few years ago. But the charges on him were dropped after the 14-year-old girl had become hostile.
The prayer of the petitioner is not to take custody of the girl in the present case, but to have the court pass an order to allow the girl to exercise her free will in having to choose who she stays with. The petitioner also produced the girl’s excellent academic record to prove her mental state and her capacity to make decisions.
Decision
The court found that the allegations made by the petitioner were vague and non-justifiable. And held that the petitioner was living a socially unacceptable life. Given her hysterical condition, the court held that it is safer for her to live with her parents rather than on her free will.
86540
103860
630
114
59824