Back
2021 Supreme(Online)(KER) 15933
HIGH COURT OF KERALA
K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
SUNITHA – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent
WP(Crl.)/161/2021
RESMI NANDANAN, GOVERNMENT PLEADER, SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND, SRI.DHANUSH SUBODHAN FOR DETENUE
The ruling underscores the significance of an individual's free will in determining their living arrangements after reaching the age of majority.
Headnote:
Detention - Personal Liberty - Section 164 - The court ruled in favor of the detenue's autonomy to choose her living arrangements post attaining the age of majority, emphasizing her expressed free will despite existing legal issues against another party involved.
Fact of the Case:
The detenue, aged 18, expressed a desire to reside with her partner's mother after being produced before the court. The police reported ongoing legal cases against her partner.
Finding of the Court:
The court acknowledged the detenue's age and her expressed desire to go with her partner's mother, ultimately allowing her freedom while clarifying no judgment was made on the ongoing criminal cases against the partner.
Issues: Whether the court should uphold the detenue's desire to live with her partner's mother given her age and the associated criminal allegations against the partner.
Ratio Decidendi: The court prioritized the autonomy and free will of a major individual, allowing the detenue to choose her living conditions while remaining neutral regarding the legal proceedings involving the partner.
Final Decision: Writ Petition (Crl.) stands closed.
JUDGMENT
K.Vinod Chandran, J.
The detenue was produced before us by the Circle Inspector of Police, Puthunagaram Police Station. The Circle Inspector of Police Informs us that the detenue along with the mother and uncle of the 5th respondent came before the office of the Deputy Superintendent of Police, Chittoor and in compliance with the order of this Court, she has been produced before us. It is also stated that Section 164 statement had been taken from her by the concerned Magistrate. The alleged detenue is said to have just reached the age of 18 on
10.07.2021, that is just about 15 days back.
2. We interacted with the detenue. She is very adamant in expressing her desire that she wants to go with the mother of the 5th respondent. She also informs us that she is pregnant. The detenue asserts before us that she was sent out of the house by her mother. The learned counsel for the mother however denies the said allegation and submits that the mother has just scolded her for having a relationship with the 5th respondent. The detnue is said to have earlier also gone with the 5th respondent and she was produced before the jurisdictional Magistrate. There is already a crime registered as Crime No.378/2019 against the 5th respondent. The Puthunagaram Police informs us that a fresh crime has been registered against the 5th respondent. Now that the detenue has reached the age of majority and she has expressed her desire to go with the mother of the 5th respondent and also considering the fact that she is pregnant, we are of the opinion that the detenue can be allowed to go with the mother of the 5th respondent. We make it clear that we have not observed anything on the crimes registered against the 5th respondent and such proceedings would be independent of any observations herein, which are in the context of the free will expressed by a major woman.
Writ Petition (Crl.) stands closed.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
ZIYAD RAHMAN A.A.
JUDGE
APPENDIX OF WP(CRL.) 161/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO. 1047 DATED 14.11.2020 OF PUDUNAGARAM POLICE STATION, PALAKKAD.
Exhibit P2 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT TO 4TH RESPONDENT (DATE NOT MENTIONED).
