Sankarasubban, J.

This Original Petition has been filed for a writ of habeas corpus commanding the 1st and 2nd respondents to produce the third respondent before this court and to release her from their illegal custody and to give the custody of the third respondent to the petitioner. The petitioner has filed this petition as next friend of the third respondent. According to the petitioner, he and the third respondent attained the age of majority. On 24.6.2002, both of them entered into an agreement of marriage and were living together as husband and wife. While so, respondents 1 and 2 and their relatives forcefully took away the third respondent and admitted her in a counseling center at Ambalamukku near Peroorkkada at Thiruvananthapuram in order to give her a counselling to change her attitude towards the petitioner. The third respondent informed the petitioner about her stay at counseling Centre and they eloped from there.

2. On 20.7.2002, the third respondent's father complained before the fourth respondent. On receiving the complaint, the fourth respondent registered a case for man missing. On 21.7.2002, the fourth respondent arrested the petitioner and the third respondent and produced before the Judicial First Class Magistrate Court, Thiruvananthapuram. Before the learned Magistrate, the third respondent submitted that she wants to live with the petitioner and the learned Magistrate by an order allowed them to live together and thereafter, they were residing together as husband and wife at "Kizhavoor Gaurivilam", Mukhthala, Thrikovilvattom Village.

3. On 28.7.2002, the first respondent and his relatives went to the residence of the petitioner and told that mother of the third respondent is seriously ill. Without the consent of the petitioner, the first respondent took away the third respondent to her house. The petitioner went to the house of the third respondent and asked the parents to send her with him as they had been living together as husband and wife and they are matured enough to take decision on their life. However, respondents 1 and 2 never allowed the third respondent to come out of the house and they have illegally detained the third respondent in their house.

4. Thereupon, the petitioner filed complaint before the sixth respondent, the sub inspector of Police, Kottiyam to take appropriate action in the matter. In the complaint dated 5.8.2002 filed before the Judicial First Class Magistrate Court, Kollam, the Magistrate ordered and referred the case for investigation. Hence, this petition is filed for a writ of habeas corpus.

5. A counter affidavit was filed by the first and second respondents. It is stated in the counter affidavit that the third respondents is the eldest daughter of respondnets 1 and 2. She was studying for B.Sc. Computer Science in the University institute of Technology at Kollam and she has completed her course. The parents of the petitioner found fault with the first respondent by saying that he gave unbridled freedom to the third respondent and asked the first respondent to dissuade the third respondent from the affair. The third respondent was taken for counseling. According to him, his daughter opened her mind before her grand-father and wept before him by saying that she was responsible for the whole predicament of their family. She cursed herself and expressed her desire to appear before this Court and apprise the court that she was not under the illegal detention of her parents. According to the respondents, the boy remains unemployed and he has no permanent avocation. It is further stated that they would have accepted the relation had the parents of the boy welcomed the third respondent wholeheartedly.

6. The girl was produced before this Court on 12-9-2002. At that time, we thought that the third respondent should be given some time to think over the matter. Hence, she was put in Santhinikethan, Ernakulam and the case was posted on 23-9-2002. When we questioned, she said th