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2015 Supreme(Online)(KER) 35474
HIGH COURT OF KERALA
C.K. ABDUL REHIM, MARY JOSEPH, JJ
GEORGE – Appellant
Versus
SUPERINTENDENT OF POLICE, KOLLAM (RURAL) – Respondent
WP(Crl.) 351 2015
SRI.SUNNY ZACHARIAH; SRI.TOM JOSE PADINJAREKKARA; SRI.SHIBU JOSEPH
A valid marriage negates claims of illegal detention, affirming an individual's freedom to choose their marital partner.
Headnote:
Habeas Corpus - Detention - Kerala Police Act Section 57 - The court examined the legality of the alleged detention and the will of the individual involved, concluding that a valid marriage had been established, setting the alleged detenue at liberty.
Fact of the Case:
The petitioner sought a writ of Habeas Corpus for his daughter, alleging illegal detention by respondents who compelled her to agree to marriage. The court intervened, requiring investigation and later produced the alleged detenue, who expressed a desire to marry the 4th respondent.
Finding of the Court:
The court found that a legally valid marriage had been established between the alleged detenue and the 4th respondent, leading to the conclusion that she was not illegally confined and could freely choose to live with him.
Issues: Whether the alleged detenue was illegally confined and whether her marriage to the 4th respondent was valid.
Ratio Decidendi: The court emphasized the autonomy of the individual in making personal decisions regarding marriage, under the legal framework ensuring such rights, leading to the conclusion that the alleged detenue was free to live as she chose.
Final Decision: The writ petition is disposed of by setting the alleged detenue at liberty to live with the 4th respondent as husband and wife.
J U D G M E N T
C.K. Abdul Rehim, J:
Petitioner is the father of a girl named, Jisha aged 20 years. He is approaching this court seeking a writ of Habeas Corpus for production of his daughter and to set her at liberty, based on an allegation that she is illegally detained by respondent 4 & 5.
2. It is stated that the alleged detenue, who was residing in the house of the petitioner, is missing from his residence since 13-07-2015 onwards. On the basis of a complaint lodged by the petitioner before the 3rd respondent, Ext.P1 case as Crime No.1511/2015 was registered under Section 57 of the Kerala Police Act . It is alleged in this writ petition that the daughter of the petitioner had left the house along with the 4th respondent. The 5th respondent herein is the mother of the 4th respondent. Allegations are to the effect that the W.P.(Crl.) No.351/2015 -2-
respondents 4 & 5 had enticed and compelled the alleged detenue to agree for a marriage with the 4th respondent. It is stated that the 5th respondent had admitted that the alleged detenue is in the custody of the 4th respondent. Eventhough she had promised to bring back her, later she had washed off her hands and pretended ignorance with respect to the whereabouts of the alleged detenue and the 4th respondent. Under the above mentioned circumstances, based on a specific allegation that the alleged detenue is detained illegally against her will by the respondents 4 & 5, the above writ petition is filed.
3. Despite notice served from this court, the respondents 4 & 5 have not entered appearance. Therefore this court directed the 1st respondent to intensify the investigation of Ext.P1 crime and to trace out the alleged detenue and to produce her before this court. Accordingly the 3rd respondent had produced the alleged detenue before this court on 21-08-2015. It was submitted that the alleged detenue was traced out on 17-08-2015 and produced before W.P.(Crl.) No.351/2015 -3-
the Judicial First Class Magistrate-I, Kollam on 18-08-2015. After recording her statement, the learned Magistrate had directed the 3rd respondent to admit her at 'Mahila Mandiram', in view of the direction issued by this court for her production. The 4th respondent also appeared in person before this court. When we interacted with the alleged detenue and the 4th respondent, they informed about their strong determination to marry each other. It is informed that they have decided to solemnize the marriage under religious rites and ceremonies prevailing in the Christian community, because the 4th respondent had decided to convert to Christianity. Based on the determination expressed by the alleged detenue and the 4th respondent, we interacted with the petitioner, who was personally present. The petitioner expressed his no objection in giving the alleged detenue in marriage to the 4th respondent, provided the 4th respondent embraces Christianity. He said that in such case he will co-operate to get the marriage solemnized in the Christian church. Under the above W.P.(Crl.) No.351/2015 -4-
mentioned circumstances the parties have agreed to take necessary steps to solemnize the marriage as per religious rites and ceremonies prevailing in the Christian community. The case was adjourned further for reporting about the marriage, and the alleged detenue was permitted to go along with the petitioner.
4. Today, when the case is taken up, learned counsel appearing for the petitioner had produced a Certificate of Marriage issued under the Kerala Registration of Marriages (Common) Rules, 2008. The said certificate is seen issued by the local Registrar of Marriages (Common), who is the Secretary, Perinad Grama Panchayat in Kollam District. It is evident from the certificate that marriage between the alleged detenue and the 4th respondent was solemnized at St. Sebastian's Church, Perinad, Kollam on 30-09-2015. It is further evident that the said marriage was got registered under the above said Rules, before the Registrar of Marriages
