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2008 Supreme(Online)(KER) 2377
HIGH COURT OF KERALA
V.RAMKUMAR, J
REJI D.MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/593/2008
SRI.V.PHILIP MATHEW, SRI. M.S. BREEZE, PUBLIC PROSECUTOR
An adult's choice in marriage is a fundamental right, recognized under the Special Marriage Act, and must be honored by the legal system.
Headnote:
Marriage - Quashing FIR - Special Marriage Act - Sections 1, 9, 12 - The court recognized the legality of the marriage under the Special Marriage Act, emphasizing individual autonomy and the right to choose a partner, leading to the dismissal of the FIR and closure of the case.
Fact of the Case:
The petitioner sought to quash an FIR alleging his wife was missing, asserting they voluntarily eloped and married under the Special Marriage Act. The girl's father filed a habeas corpus petition, leading to her temporary custody, where she expressed her desire to live with her husband.
Finding of the Court:
The court found that the girl had attained majority and was married to the petitioner, affirming her right to choose her spouse. It stated that no restrictions could be placed on her, leading to the decision to quash the FIR.
Issues: Whether the FIR filed by the father alleging unlawful confinement should be quashed, considering the woman's marital status and her declaration of free will to live with her husband.
Ratio Decidendi: The court held that an adult has the right to make independent choices, especially concerning marriage, and the state must respect such choices in the context of personal liberty.
Final Decision: The FIR was quashed, and the girl was permitted to go with her husband.
O R D E R
The petitioner, who claims to be the husband of a 23 year old girl by name Asha Vijayan, seeks a direction to quash Annexure 1 FIR registered by the Panangad Police under the caption 'man missing' at the instance of the father of Asha Vijayan. The petitioner and Asha Vijayan had eloped on 19.11.2007 by Asha Vijayan joining him voluntarily. It was on 26.11.2007 that Annexure I FIR was registered at the instance of the father of the Asha Vijayan. On 05.01.2008 the petitioner and Asha Vijayan had got married under the provisions of the Special Marriage Act. Alleging that his daughter was missing from home from 19.11.2007 onwards and that she was under the illegal confinement of the petitioner herein, the father of Asha Vijayan had filed a writ petition for habeas corpus as W.P(Crl.) No. 26/2008 before this Court. After instructions the learned Government Pleader in charge of the case submitted before the Division Bench, which was considering the above writ petition, CRL. M.C.N O. 593/2008 : 2:
that the alleged detenu Asha Vijayan had married the petitioner herein on 05.01.2008 from the Sub Registrar's Office, Puthuppally under the provisions of the Special Marriage Act, 1954. Taking note of the said situation, the Division Bench closed the writ petition for habeas corpus leaving the father of Asha Vijayan to work out his remedies before other forums. Annexure 2 is the judgment of the Division Bench passed on 30.01.2008. Thereafter on 04.02.2008 the Panangad Police took Asha Vijayan into custody and produced her before the Additional Chief Judicial Magistrate, Ernakulam on 05.02.2008. The girl's parents as well as the parents of the petitioner herein were present before the Magistrate. The petitioner was absent before the Magistrate. Since the girl represented to the Magistrate that she was not willing to go with her parents, she was directed to be lodged in the Relief Centre, Palluruthi for one month from 05.02.2008. On 07.02.2008, the petitioner filed this Crl. M.C seeking the above reliefs. Today, pursuant to the directions issued by this Court, the girl was produced from the Palluruthi Relief Centre. The girl told the Court that she is aged 23 years CRL. M.C.N O. 593/2008 : 3:
and she has married the petitioner herein and she would like to go with her husband. Her husband (the petitioner herein) as well as her father were present before this Court. In as much as the girl chooses to go with her husband no restriction can be placed on her. Accordingly, no further action need be taken on Annexure 1 FIR. The Panangad Police shall close the matter. The girl is permitted to go with the petitioner. She has attained the majority and is a free person entitled to exercise her own free will and volition regarding her future.
The registry shall retransmit the records to the court below forthwith. It shall be open to the petitioner to apply for return of the original marriage certificate after substituting a photostat copy.
V. RAMKUMAR, JUDGE.
rv CRL. M.C.N O. 593/2008 : 4:
