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2022 Supreme(Online)(KER) 55756

HIGH COURT OF KERALA
BIJU P.V – Appellant
Versus
SAVIYO JOHNSON @ TINU – Respondent


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 det

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