An adult's autonomy in personal relationships is protected under law, provided there is no evidence of coercion or illegal custody.

J U D G M E N T

P.R.Ramachandra Menon, J.

The petitioner has approached this Court explaining her sad plight on the missing of her daughter by name Anjali stated as aged about 19 years, who is pursuing her studies for Degree Course. It is stated that, the detenue was missing from 21.01.2016. The petitioner contends that, she was forcibly taken by the 3rd respondent who actually is an accused at least in three criminal cases including a gang rape case registered by the Punalur police as Crime No.673/13. The petitioner, who is suffering from carcinoma, approached the police and filed a complaint pointing out that, there is nobody else than her to look after the affairs of her daughter and that, her husband is staying apart from her. Though a case was registered for 'man missing', no positive results have been there, which made the petitioner to approach this Court by filing the present writ petition.

2. When the matter came up for consideration before this Court on 03.02.2016, the following interim order was passed :

“Issue notice to the 3rd respondent through Special Messenger. The 3rd respondent is directed to produce the alleged detenue, Miss.Anjali who is daughter of the W.P.(Crl.).No.51 of 2016 petitioner, if she is available in his custody. Government Pleader appears on behalf of respondents 1 & 2. The 2nd respondent will report as to whether any case is registered based on complaint of missing of the alleged detenue. The 2nd respondent will take effective steps to see that the alleged detenue is traced out and produced before this court.

Post on 18-02-2016.

3. Pursuant to the said order, the police has produced the detenue before this Court. We interacted with the detenue. During the course of such interaction, the detenue submits that, she is not under illegal custody of anybody and that, she was with the 3rd respondent on her own will; adding that she is a major, educated and competent enough to take a decision of her own. It is also pointed out that, the marriage between the detenue and the 3rd respondent was performed in accordance with the Hindu religious rights and rituals at Kuruvippuzha temple on 24.01.2016. It is stated that, they have taken proceedings to get the marriage registered before the registering authority as per the Kerala Registration of Marriages (Common) Rules, 2008 and that, steps are being pursued in this regard. The detenue added that, she is now residing with the 3rd respondent along with the in-laws in their house and there in no threat, coercion, undue influence or anything of that sort from the part of the 3rd respondent, his parents or anybody under them.

W.P.(Crl.).No.51 of 2016

4. The learned Additional Director General of Prosecution submits that, the detenue was produced before the Judicial First Class Magistrate Court - II, Kottarakkara on 23.01.2016 and that, after recording the statement of the detenue, on finding that she was a major and she had proceeded on her own will, she was set at liberty to go along with the 3rd respondent.

In view of the interaction made by this Court with the detenue and based on the developments as mentioned above, this Court finds that the apprehension expressed by the petitioner as to the alleged illegal custody is not true. In such circumstances, the detenue is set at liberty to proceed on her own will and the writ petition stands dismissed.

P.R.RAMACHANDRA MENON JUDGE