An individual's autonomy post-adulthood must be respected, influencing custody decisions and the facilitation of marriages under relevant laws.

JUDGMENT

Pius C. Kuriakose, J On considering this Writ Petition filed by the petitioner who alleges that Ancy, the girl to whom he is deeply in love with, is being illegally detained by respondents 4 to 6, her parents and brother, we on 23/11/12 passed the following order:-

“Not admitted. Sri.Suresh, the learned Government Pleader takes notice for R1 to R3. He will seek instructions from the concerned among those respondents as to what action was taken on the basis of Ext.P6. Issue notice on admission by special messenger to R4 to R6. Those respondents are directed to produce Ancy, the daughter of respondents 4 and 5 before this Court at 10.15 a.m on 29/11/2012 and also to show cause why the above order for production should not be made absolute. Post on 29/11/2012.”

2. Today present before us are respondent Nos.4 and 5 and also the petitioner. It was submitted by the learned counsel for the respondents 4 and 5 that the petitioner is guilty of suppression of material facts from this Court. The petitioner very well knew that Ancy, the alleged detenue is inmate of Mahila Mandiram, Rama Varma Puram, Thrissur she having accommodated there under the auspices of the Child Welfare Committee. The petitioner unsuccessfully moved the Magistrate's Court, Irinjalakkuda for release of Ancy to him on the basis that Ancy has attained eighteen years of age. The learned Magistrate on getting a report from the police and on considering the counter affidavit which was filed by the father of the girl dismissed the above application.

3. Sri.N.Suresh, the learned Government Pleader submitted that the authorities of Mahila Mandiram are not inclined to accommodate Ancy who has already completed 18 years of age, in the Mahila Mandiram. The Child Welfare Committee has in fact addressed the police by letter No.329/12 dated 18th October, 2012 deciding to transfer the case to the police on the reason that Ancy has ceased to be under their jurisdiction as she has completed 18 years of age. According to the above letter the case was being transferred to the police as Ancy's parents have not come forward to take her back.

4. We interacted with the petitioner as well as with the fourth respondent, father of Ancy. The fourth respondent told us that he and his wife are no longer interested in getting custody of their daughter. Daughter has attained 18 years and she is prepared to go her own way. The petitioner would explain to us that as Mahila Mandiram people never permitted him even to have a look at Ancy whom he sincerely wants to marry even now, he came under the impression that custody of Ancy has been given over to her parents. That is why the present Writ Petition alleging that Ancy's parents are illegally detaining her has been filed. Even though the above explanation of the petitioner is not fully convincing, we are of the view that the present situation of Ancy being thrown out to the streets should be avoided especially when the petitioner is all willingness to marry her. We therefore implead the City Police Commissioner, Thrissur as additional respondent No.7.

Registry will carry out corrections in the cause title.

5. The additional respondent No.7 is directed to do whatever that is necessary to have the marriage of the petitioner and Ancy solemnized under the provisions of the Special Marriage Act at the earliest. The additional seventh respondent will co-ordinate the matter with the authorities of the Child Welfare committee and make immediate arrangements for the submission of notice of an intended marriage immediately. Once the notice period is over it will be ensured that marriage is conducted. Once the marriage is conducted Ancy should be permitted to live along with Nikhil.

6. Issue copy to Sri.N.Suresh, the learned Government Pleader as well as to counsel for the parties. The Writ Petition is closed.

7. Call on 02/01/2013 as to be spoken to.

PIUS C. KURIAKOSE JUDGE