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2012 Supreme(Online)(KER) 46557
HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
K.R.RAVEENDRA NATH – Appellant
Versus
DIRECTOR GENERAL OF POLICE (LAW & ORDER) – Respondent
WP(Crl.) 348 2012
SRI.C.B.SREEKUMAR SRI.K.K.SETHUKUMAR
The court reaffirmed the importance of autonomy for individuals in personal relationships while ensuring protective measures against coercion.
Headnote:
Detention - Family Law - Writ Petition | Summary of Court Provisions
Fact of the Case:
The petitioner claims his daughter, R.Radhika, is illegally detained by the fourth respondent, Kamal, after she did not return from college on 10.7.2012. Parents express willingness for Radhika's marriage at a later age.
Finding of the Court:
The court allows Radhika to interact with her parents, where she confirms her love for Kamal. The court acknowledges the parents' commitment to allow her to marry upon completing her studies and mandates monitoring for her safety.
Issues: Whether Radhika is being unlawfully detained and if her wishes regarding marriage and studies are being respected.
Ratio Decidendi: The court balanced Radhika's wishes against parental consent and stipulated conditions to ensure her safety while respecting her autonomy in personal relationships.
Final Decision: Writ Petition disposed, allowing Radhika to return to her parents under monitored conditions.
JUDGMENT
K.T.Sankaran, J.
The case of the petitioner is that his daughter, R.Radhika, is in the illegal detention of the fourth respondent. It is alleged that on 10.7.2012, Radhika did not return from the college. The petitioner states that he realised that the fourth respondent also left the place on 10.7.2012.
2. The petitioner, his wife, daughter Radhika and the fourth respondent Kamal (the name of the fourth respondent is shown as Kamalesh. It is stated by the fourth respondent that his real name is Kamal) are present. We allowed Radhika to interact with her parents.
She also interacted with the fourth respondent.
3. Radhika stated that she was in love with Kamal for the last several years and their marriage was solemnised at Kannankulangara Sree Bhagavathi Kshethram on 12.7.2012. 4. The parents of Radhika stated that at present Radhika is undergoing higher studies for M.A. and let her complete her studies within two years. The parents of Radhika stated that they are ready and willing to solemnise the marriage of Radhika on her attaining the age of 20 years. This undertaking is recorded. Radhika is accordingly allowed to go with her parents. The learned Government Pleader submitted that a woman Civil Police Officer would occasionally visit the house of Radhika and ensure that she is not being compelled to marry another person. The Civil Police Officer shall also get all the necessary details from Radhika. The parents of Radhika agreed that they have no objection in Kamal visiting Radhika when he visits his native place from his place of work. This undertaking is also recorded.
Accordingly, the Writ Petition is disposed of permitting Radhika to go with her parents. It is also made clear that Kamal would be entitled to approach this Court if any justifiable reason occurs.
K.T.SANKARAN JUDGE M.L.JOSEPH FRANCIS JUDGE
