BIJU P.V vs SAVIYO JOHNSON @ TINU - 2022 Supreme(Online)(KER) 55756

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2022 Supreme(Online)(KER) 55756

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 WP(CRL.) NO. 48 OF 2022 PETITIONER:
BIJU P.V., AGED 49 YEARS, S/O.VARGHESE, PARAKKAL HOUSE, PARAPPURAM P.O., KANJOOR, ERNAKULAM DISTRICT, PIN - 683 575.
BY ADVS.
VINUCHAND C.R.VINOD KUMAR GEE VARGHESE MATHEW RESPONDENTS:
1 SAVIYO JOHNSON @ TINU, AGED 24 YEARS, S/O.BABY, ARATTUKULANGARA HOUSE, THIRUVAMBADI P.O., ALAPPUZHA DISTRICT, PIN - 680 022.
2 STATION HOUSE OFFICER, KALADY POLICE STATION, KALADY P.O., ERNAKULAM DISTRICT, PIN - 683 574.
BY ADVS.
PUBLIC PROSECUTOR DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT:
SRI.E.C.BINEESH - GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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W.P(Crl.)No. 48 of 2022 ---------------------------------------
Dated this the 20th day of January, 2022

Advocates:
['VINUCHAND', '', 'C R VINOD KUMAR', 'GEEVARGHESE MATHEW', 'PUBLIC PROSECUTOR', 'DIRECTOR GENERAL OF PROSECUTION']

JUDGMENT

Jayachandran, J.

The petitioner herein is the father of the alleged detenue, aged 19 years. He seeks issuance of a writ of Habeas Corpus, directing production of the alleged detenue before this Court, as also to set her at liberty. The petition is premised on the allegation that the detenue is under the illegal custody of the 1st respondent, who is aged 24 years and married.

2. As per Order dated 13.01.2022, a Division Bench of this Court, directed the 1st respondent to produce the alleged detenue before the Secretary, District Legal Services Authority, Alappuzha, today at 9.30 a.m. Accordingly, the alleged detenue is produced and we interacted with her through video conferencing. The Secretary, DLSA, Alappuzha also interacted with the alleged detenue. The detenue is firm in her resolve to go along with the 1st respondent, despite being sensitised that he had married another woman and that the said marriage is still subsisting. She confirmed that she is 19 years old.

3. In as much as, the petitioner had attained majority and is entitled in law to decide for herself as regards her life partner, we are unable to find her stand to be legally wrong. Nor do we find any illegal detention of the alleged detenue at the hands of the 1st respondent.

Resultantly, this writ petition would stand dismissed.

Sd/-

K.VINOD CHANDRAN JUDGE

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