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2017 Supreme(Online)(KER) 50482
HIGH COURT OF KERALA
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
RADHAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 20 2017
SRI.R.SANTHOSH, SRI.C.R.VIJAYAKUMARAN PILLAI, SMT.S.V.HARITHA, SRI.K.BAIJU, SRI.S.V.SREEJITH, SRI.A.CHANDRA BABU
An individual’s autonomy in deciding marriage post legal age is paramount and should be respected by guardians.
Headnote:
Marriage - Detenue's Custody - WP(Crl) 20/17 - The court addressed the legality of the detenue's custody concerning marriage age, determining her autonomy and future decisions post attainment of the age of majority.
Fact of the Case:
A father petitioned alleging the illegal custody of his daughter, who expresses a desire to marry the second respondent once he reaches the legal marriageable age.
Finding of the Court:
The court found that the detenue was not in illegal custody and respected her autonomy to decide on her marriage once the 2nd respondent reaches the age of 21.
Issues: Whether the detenue was in illegal custody and if her wishes regarding marriage should be respected.
Ratio Decidendi: The determination that an individual's autonomy and consent in matters of marriage, particularly in situations involving differing ages for legal acceptance, are paramount.
Final Decision: The petition was disposed of favorably for the detenue, ensuring her protection and autonomy.
J U D G M E N T
Shaffique, J.
This petition is filed by the father of the detenue alleging that his daughter Remya Krishnan is under the illegal custody of respondents 2 and 3. The detenue is produced before this Court. We interacted with her. According to her, she is in love with the 2nd respondent and intends to marry him. She is presently residing at Wayanad along with a relative of the 2nd respondent.
2. The 2nd respondent is aged only 20 years and has not reached the age of 21 for marrying the detenue. According to him, he is ready and willing to marry the detenue after attaining the age of 21 years.
3. On our interaction with the detenue and her parents, she agrees that she shall reside with her parents until the 2nd respondent attains the age of 21 years, which is the age WP(Crl) No.20/17 prescribed for marriage.
Taking into consideration the aforesaid overall circumstances, this writ petition is disposed of as under:-
(i) That the detenue is permitted to go with her parents.
(ii) That the parents of the detenue shall not harass her in any manner or compel her for another marriage against the will of the detenue.
(iii) The detenue shall be permitted to contact the 2nd respondent over telephone which shall not be curtailed by the parents of the detenue in any manner.
(iv) The detenue shall be permitted to continue her studies if she requires.
(v) After the 2nd respondent attains the age of 21 years, it shall be open for the 2nd respondent and the detenue to take a decision on their own, which shall be complied with by the parents of the detenue.
A.M. SHAFFIQUE, JUDGE
