Respect for decisional autonomy and intention to marry under the Special Marriage Act influenced the court's decision.

Basant, J.

The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for trace and produce his daughter Sameefa, a married woman aged above 21 years (date of birth - 19/3/1989).

2. According to the petitioner, the marriage between his daughter Sameefa and one Shan had taken place on 2.12.2009. The nikah had taken place in accordance with the muslim religious rites, but admittedly the marriage has not been consummated. Shan and the alleged detenue even after the nikah were residing separately and had not started residing together as husband and wife. While the alleged detenue was living at her house (the petitioner is working abroad), the alleged detenue was found to be missing from 29.9.2010. According to the petitioner, the alleged detenue was being illegally detained and confined by the third respondent, a person of the locality. A crime was registered by the Kattoor Police Station as Crime No.468 of 2010. Later, the alleged detenue was traced and produced before the learned Magistrate on 1.10.2010. She being an adult major woman, the learned Magistrate had set her at liberty. According to the petitioner, his daughter, the alleged detenue was being illegally detained and confined by the third respondent.

3. This petition was filed on 1.11.2010. It was admitted on 2.11.2010. The matter was posted to this date. Notice was issued to the respondents.

4. Today when the case was called, the petitioner is present. He is represented by his counsel. The third respondent is present. He is represented by his counsel. Along with the third respondent, the alleged detenue has also come to court.

5. As the alleged detenue comes to this court along with/in the custody of the third respondent, who is allegedly detaining and confining her, we permitted the alleged detenue to remain alone in the chamber with no opportunity for the third respondent to influence her. We, however permitted the petitioner/ the father of the alleged detenue to interact with her during the pre-lunch session. They, thus had interactions during the entire pre-lunch session. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner, her father. Still later, we interacted with them in the presence of the third respondent. The learned counsel for the petitioner, the learned counsel for the third respondent and the learned Government Pleader were also present.

6. The alleged detenue states that she has already secured a divorce from Sri. Shan with whom Nikah was performed, but there was no consummation. A copy of the thalak notice dated 5.10.2010 issued by the said Shan to the alleged detenue is produced to confirm that the marriage has been dissolved, in accordance with law, by the said thalak communication dated 5.10.2010. It is the case of the alleged detenue and the third respondent that they have been in love for a long period of time and that they have got married on 29.9.2010 as per the ceremonies which took place at the Akhila Kerala Misra Vivaha Sahaya Samithi. The alleged detenue and the third respondent have a further case that the alleged detenue who belonged to muslim community has converted to Hindu community on 19.10.2010 at the Bharatiya Hindu Shudhi Sabha Araya Samaja Mandir, Ram Mohan Road, Kozhikode. Both, the alleged detenue and the third respondent assert that they want to live as husband and wife. They further submit before Court that they have already taken necessary steps to issue notice for solemnisation and registration of marriage under the provisions of the Special Marriage Act. They submit that if sufficient time is granted, they shall produce the certificate of marriage by the next date of posting.

7. In a petition for the issue of a writ of habeas corpus, we are primarily concern with the response of the alleged detenue. The alleged detenue states before us categorically that she is not under any illegal detention or confinement.