The court emphasized that the wishes of a major individual regarding custody should be respected, especially when supported by appropriate safety assurances.

JUDGMENT

Devan Ramachandran, J.

The petitioner has stated in the pleadings that he is a neighbour of the alleged detenue; and that she has been detained in a Government Home for Women by the respondents unfairly.

2. The petitioner, however, admits that the alleged detenue is a victim in a case registered under the provisions of the Protection Of Children from Sexual Offences Act [for brevity, ‘POCSO Act’], namely Crime No.459 of 2020 of the Meenakshipuram Police Station; and that it is for her safety and statutory protection, that she has been housed in the aforesaid Home.

3. The petitioner nevertheless contends that, since he is the only person who can take care of the alleged detenue and since he has no connection with the accused in the afore case, he is entitled to have her custody, because he intends to marry her soon.

4. Noticing the rather peculiar circumstances pleaded in the Writ Petition, we directed the Dy.S.P, Palakkad, to cause an enquiry against the petitioner, as also his antecedents and credentials; and the same were made available to us on 23.08.2024, when the alleged detenue was also produced before us. We interacted with her and she made it unequivocally clear that she wants to go with the petitioner because, she expects to have a good life with him as his wife; and she added that he is, in fact, her distant relative, and not merely a neighbour.

5. We then spoke to the petitioner on that date, he affirmed the afore; but since we had a lingering doubt as to whether he had any connection with the accused in the case registered under the POCSO Act, we sought for a further report on that day; and this matter has been thus listed before us today.

6. The further report as called for above is before us now, which records that the petitioner has no connection with the accused in the case, in which the alleged detenue is the victim. The petitioner was also personally present and he undertook that he will marry the alleged detenue within a week, at the “Bhadrakali Amman Temple” at Vannamalai; and that the same will be registered at the SRO, Chittur. He also informed us that he has his parents and other relatives at his home; and assured us that the alleged detenue will be taken full care of, as his wife.

7. The alleged detenue has been produced before us today also and we interacted with her again; and her position was no different and stated that she wanted to go with the petitioner.

8. We notice from the records that there is no dispute regarding the age of the alleged detenue, particularly the fact that she is now a major.

9. The reports furnished before us by the learned Government Pleader render it without much doubt that the antecedents and background of the petitioner is without question; and further, that he does not have any connection with the accused in the case registered under the POCSO Act.

We are also cognizant that the trial of the said case is going on.

10. Taking note of the totality of the circumstances, we are of the view that the petitioner cannot be constrained to stay in a Government facility; particularly when she expressed a desire to go with the petitioner, who is stated to be her distant relative, as also her neighbour. We are persuaded to this view because, the young lady does not have any other close relatives and she says that she is unhappy to be housed in a Government facility, when she will be in a position to have a much better life with the petitioner, as his wife, in due course.

11. In the afore circumstances, we allow this Writ Petition and set the alleged detenue at liberty, with a consequential direction to respondents 2 & 3 to allow her to go with the petitioner.

12. We, however, direct the 2nd respondent to verify whether the afore undertaking of the petitioner is complied with and that the marriage takes place and is registered. A report on this regard shall be made available to this Court within two weeks, which shall be furnished through the learned Government Pleader and placed before