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2008 Supreme(Online)(KER) 10296
HIGH COURT OF KERALA
P.R.RAMAN, V.K.MOHANAN, JJ
JEMMA SUNNY – Appellant
Versus
DISTRICT SUPERINTENDENT OF POLIC & OTHES – Respondent
WRIT PETITION (CRIMINAL) 110/2008
An adult's decision to marry and her assertion of freedom from custody outweigh parental concerns regarding financial obligations.
Headnote:
Detenue - Writ Petition - Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 - The court examined the validity of the marriage registered under the Act and the alleged illegal custody claims, ultimately concluding that the detenue was of age and did not wish to return to her mother.
Fact of the Case:
The petitioner, mother of the alleged detenue, claimed her daughter was missing after leaving home for work, suspecting illegal custody by a respondent. The detenue revealed her age and marital status, asserting she was not being held against her will.
Finding of the Court:
The court found that the alleged detenue was a major who voluntarily married the 4th respondent and was not in illegal custody. The mother's concerns regarding a loan taken for her education did not warrant intervention in the detenue's autonomy.
Issues: Whether the alleged detenue was being held illegally and if the mother's concerns about a loan justified court intervention.
Ratio Decidendi: The autonomy of an adult, confirmed by her assertion of voluntary marriage and no illegal detention, upheld the court's decision to dismiss the writ petition.
Final Decision: Writ Petition is closed.
JUDGMENT
Raman, J.
Petitioner is the mother of the alleged detenue by name Suja. The whereabouts of the petitioner's husband are not known . Petitioner has two children. The alleged detenue is the eldest daughter and the other is a son. The allegation made in the writ petition is that after completing her B.Sc. Nursing course, the alleged detenue is employed in Bombay Hospital CON 12, and she came to her house on leave for a short stay and left for her place of employment on 15/3/2008 and thereafter, it is found on enquiry that she has not returned for the place of employment and the whereabouts were unknown. It is also alleged that the alleged detenue is kept in some unknown place by the 4th respondent.
2. We have issued notice to the parties and pursuant to the notice the alleged detenue appeared before us. We have interacted with the alleged detenue and she stated that she is a major, aged 23 years, her date of birth is 17/5/1984. She also stated that she married the 4th WP(Crl).No.110/2008 respondent at Bombay on 4/11/1007 as per the Hindu custom. The marriage is also registered before the Registrar of Marriage and the certificate of marriage issued by the Registrar of Marriage, Mumbai evidences the registration of marriage under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act , 1998
3. The learned counsel for the 4th respondent produced the certificate of registration of marriage for perusal. It is seen in the said certificate that the 4th respondent is employed in Navy and the alleged detenue's name is entered as his wife. The alleged detenue submitted that she is not under the illegal custody as alleged in the writ petition. We have interacted with the petitioner, mother of the alleged detenue. Her main grievance is that she has obtained an educational loan for the education of her daughter and in the present situation she is not able to repay the same. The petitioner thought that the educational loan will be repaid by the alleged detenue and she will be a support to the family. But all of a sudden, the alleged detenue eloped with somebody leaving her mother alone in the family, and when there is nobody to help her to repay the loan, petitioner has no alternative but to approach this Court. The 4th respondent submitted that he was already told by the petitioner that he will WP(Crl).No.110/2008 have to repay the loan taken for the education of his wife, the alleged detenue.
In the circumstances, Writ Petition is closed.
P.R.RAMAN, Judge.
V.K.MOHANAN, Judge.
