Individuals possess the right to choose their partners, overriding parental authority in cases of mature decision-making.

JUDGMENT

Pius C. Kuriakose, J The petitioner, mother of a 21 year old unmarried girl by name Sonu filed this Writ Petition complaining that her daughter was kidnapped by the third respondent and is presently detained by the third respondent under his illegal custody in his house. She seeks a Writ of Habeas Corpus for the purpose of producing the body of Sonu after liberating the same from the illegal custody of the third respondent.

2. On considering this Writ Petition for admission, we directed Sri.Tom Jose Padinjarekkara, the learned Additional Director General of Prosecution to seek instruction from the concerned among R1 and R2 regarding the correctness of the allegations in the Writ Petition. We issued notice on admission by special messenger to the third respondent who was directed to produce Sonu before this Court today at 10.15 a.m. The Government Pleader submitted that Sonu is in love with the third respondent and she actually eloped with the third respondent and they are now residing together in the third respondent's house.

3. We interacted with the third respondent as well as with Sonu. We interacted with the petitioner also. We allowed the petitioner to have the company of her daughter Sonu for one hour. We interacted with the parties thereafter also. Sonu is obstinate that she will not accompany her mother for joining her parents back. According to her, she is deeply in love with the third respondent. She and the third respondent have already given notice of an intended marriage to the marriage office at Mattanchery. They intend to get married once the notice period is over. According to the third respondent, he is a painter by trade and he is capable of maintaining Sonu once she becomes his wife. His parents are not opposing to the idea of him marrying Sonu. We feel that there is no warrant for issuance of a Writ of Habeas Corpus sought for by the petitioner. We decline the above relief.

4. We direct that Sonu be admitted till 17/11/12 to the S.N.V. Sadanam Ladies Hostel at Ernakulam. The hostel fees and other charges for Sonu's accommodation and stay in S.N.V Sadanam shall be met by the third respondent. The petitioner and her husband Tony will have visitation rights on Sonu during the visiting hours of S.N.V Sadanam Ladies Hostel every day of her stay in S.N.V Sadanam. The third respondent also will have visitation rights but only during week ends. Third respondent however, should be allowed by the management of the hostel to talk to Sonu every evening between 7.00 p.m and 7.15 p.m. in Sonu's mobile phone. The second respondent will depute a woman civil police officer to S.N.V Sadanam on 17/11/12. She will interact with Sonu and ascertain whether Sonu is determined to have her marriage with the third respondent conducted under the provisions of Special Marriage Act . If she is so determined, necessary arrangements will be done by the second respondent for facilitating the conduct of Sonu's marriage with the third respondent under the provisions of the upon the expiry of the notice period i.e. by or after 17/11/12.

5. The Writ Petition is closed with the above directions.

PIUS C. KURIAKOSE JUDGE