J U D G M E N T

Jayachandran, J.

1. The petitioner claims to have an intimate affair with the alleged detenue, aged 22 years. He seeks issuance of a Writ of Habeas Corpus compelling production of the alleged detenue before this Court, as also, to set her at liberty on the premise that, she has been illegally detained by the third respondent, her father. Petitioner would aver that the relationship was not relished by the third respondent and his family, owing to the different religions to which the petitioner and the detenue belong. They, therefore decided to get the marriage registered under the Special Marriage Act, for which, they gave Ext.P1 application on 17.06.2022. The parents of the detenue, who came to know about it, secretly took her away to an unknown destination, against her will and wish. Thereafter, petitioner was not sent to attend her job as a nurse of the Family Health Centre, Kureekkad. In support of the assertion that the detenue has been illegally confined, extract of the Whatsapp chat between the detenue and her friend is produced as Ext.P2. On such premise, petitioner sought for the relief afore referred.

2. As per order dated 24.06.2022, we directed the second respondent/S.H.O. to get a statement of the alleged detenue through a Woman Police Officer, without the presence of the third respondent or any other family member. Such statement was recorded and the same is produced before us, a perusal of which would indicate that, her family members are compelling her to withdraw from her relationship with the petitioner and that, she has been deprived of her mobile phone to curb communication. We, therefore, passed another order dated 05.07.2022 directing production of the alleged detenue before the Secretary, District Legal Services Authority, Malappuram today at 9.30a.m. Accordingly, she is produced, with whom, we interacted. The Secretary, District Legal Services Authority also interacted with the alleged detenue. She expressed her desire to go along with the petitioner. To a query in the nature of a caution put by us, she told us that, her decision is a final one, taken after considering all relevant aspects, with due deliberation.

3. In as much as the detenue is firm in her resolve to go along with the petitioner and to marry him, we are of the opinion that the instant Writ Petition is only to be allowed. We note that the detenue had attained majority and she is, therefore, legally competent to take a call as regards her partner and life. This Writ Petition is therefore allowed directing the detenue to be released to the custody of the petitioner. She will be free to pursue a life of her choice with the petitioner.

Sd/-

K.VINOD CHANDRAN JUDGE Sd/-

C.JAYACHANDRAN

JUDGE Sbna/

APPENDIX OF WP(CRL.) 560/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT EVIDENCING SUBMISSION OF APPLICATION DATED

17/06/2022.

Exhibit P2 A TRUE COPY OF THE SCREEN SHOT OF THE WATSAP CONVERSATION OF GOPIKA K.P.