Individuals have the right to make autonomous decisions regarding marriage, free from unlawful detention, supported by adequate protective measures.

J U D G M E N T

K.T.Sankaran, J.

The daughter of the petitioner (Fouziya) was missing from 15.6.2012. The husband of the petitioner is working abroad. It is also stated in the Writ Petition that the 4th respondent had taken the petitioner's daughter to un-known places for illegal means.

2. When Fouziya was produced before court on

2.7.2012, we interacted with Fouziya, her mother and the 4th respondent and we passed the following order :

“The petitioner, her daughter (Fouziya) and the fourth respondent (Vineesh) are present. We interacted with all of them.

2. Fouziya and Vineesh stated that on 15.6.2012, their marriage was solemnised at Arya Samaj Mandir, Calicut after the girl undergoing conversion as a Hindu. On interacting with the girl, primafacie, we are of the view that she has not understood the things clearly and that she is in a confused state of mind. The learned Government Pleader submitted that after 15.6.2012, Fouziya and the fourth respondent were staying at different places in the house of others whom they did not know. The learned Government Pleader submitted that the girl would have been exposed to danger during the stay of four or five days and only luckily she has escaped. It W.P.(Crl) 313/12 2 is stated that thereafter they were residing in a rented house at Kollam, where the fourth respondent was working for quite some time.

3. We also allowed Sulekha and her son to interact with Fouziya. Fouziya is adamant that she will not go with her mother and brother.

4. In the facts and circumstances of the case, we are of the view that Fouziya should be admitted in a hostel for a week. Accordingly, there will be a direction to admit Fouziya in the Santhi Nikethan hostel, near Lourdes hospital, Pachalam, Kochi. She shall be taken to the said hostel by a woman civil police officer, not in uniform. Post on 9.7.2012. Fouziya shall be taken to the Court on that day by a woman civil police officer, not in uniform. The expenses for the stay of Fouziya in the hostel shall be met by the petitioner.

The petitioner and her son (Siraj) would be entitled to visit Fouziya during the visiting hours in the hostel. The fourth respondent shall be entitled to contact Fouziya over phone.”

3. On the same day, we passed another order, directing Fouziya to be admitted in S.N.V.Sadanam Hostel, Chittoor road, Ernakulam South, as no accommodation was available in Santhinikethan hostel.

4. Today, Fouziya is produced before Court. The 4th respondent is also present. Fouziya stated that she wants to W.P.(Crl) 313/12 3 go with her husband, the 4th respondent and that she is not under the illegal detention of the 4th respondent.

5. Taking into account the facts and circumstances of the case, we do not find any ground to arrive at the conclusion that Fouziya is under the illegal detention of the 4th respondent. Fouziya is, accordingly, allowed to go with the 4th respondent. The learned Government Pleader submitted that sufficient police protection would be given to Fouziya and Vineesh to reach their destination.

The Writ Petition (Criminal) is, accordingly, closed.