A marriage performed under the Special Marriage Act is void if it is performed without the consent of either party.

JUDGMENT

Ziyad Rahman A.A, J.

This writ petition is filed by the petitioner praying for issuance of a writ of habeas corpus directing Ms.Jyothika K., aged 18 years, the daughter of the 3rd respondent before this Court and set her at liberty.

2. The case of the petitioner is that, the alleged detenue is his wife. The petitioner belongs to Muslim community whereas the alleged detenue belongs to Hindu community. Both of them met through an online platform and later their relationship developed into a love affair. Thereupon, as the family members of the alleged detenue was against the said relationship, they have decided to conduct the marriage under Special Marriage Act and after complying with the statutory formalities in this regard, a marriage under the said enactment was performed on 06.08.2021 as evidenced by Ext.P2. Thereafter, on 30.11.2021, the alleged detenue came along with the petitioner, but the relatives of the 3rd respondent forcefully took her from the company of the petitioner. Thereafter, the petitioner could not contact the alleged detenue and it is his apprehension that the alleged detenue is under illegal detention of the 3rd respondent and the other family members. This writ petition is filed in the above circumstances.

3. When the writ petition came up for admission on

23.12.2021, we passed an order directing the 2nd respondent to get a statement of the alleged detenue through a woman police officer without the presence of the parents or any family members of the alleged detenue.

4. In compliance of the said direction, the Station House Officer concerned, has filed a report along with a statement of the alleged detenue. On going through the aforesaid statement, it is evident that, even though the alleged detenue is acknowledging the relationship with the petitioner, it is specifically stated by her that, the marriage performed was on compulsion. It is also stated by her that, after the conduct of said marriage under the Special Marriage Act, the petitioner compelled the alleged detenue to convert to Muslim religion, for which the alleged detenue was not prepared. She is not under any illegal detention and she is intending to live along with her parents. It is further stated by her that, as the marriage was performed against her will, she has already submitted O.P.No.971 of 2021 before the Family Court, Thirur for setting aside the said marriage.

5. On going through the contents of the statement, we are convinced that even though, the marriage under the provisions of the Special Marriage Act was conducted by the parties, the alleged detenue is denying her consent in performing the said marriage. It is also reiterated by the alleged detenue that she is not under any illegal detention and she is intending to live with her parents. She also does not intend to continue the relationship with the petitioner . In the absence of illegal detention, no orders can be passed by this Court in a proceeding of this nature. We are convinced that no illegal detention is in existence in this case. If at all the petitioner wants to enforce his right, if any, on account of the marriage allegedly performed between the petitioner and the alleged detenue, it is for him to initiate appropriate proceedings before the appropriate forum. This Court cannot adjudicate upon any of the aforesaid disputes.

In such circumstances, we are convinced that no circumstances are in existence warranting issuance of a writ of habeas corpus in this case. Accordingly, this writ petition is dismissed without prejudice to the rights of the petitioner and alleged detnue to agitate the dispute as to their marriage, before the competent forum.

K.VINOD CHANDRAN JUDGE