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2007 Supreme(Online)(KER) 1014
HIGH COURT OF KERALA
P.R.RAMAN, V.K.MOHANAN, JJ
SOMAN ALAPPAT – Appellant
Versus
DY SUPERINTENDENT OF POLICE(RURAL – Respondent
WRIT PETITION (CRIMINAL) 286/2007
An adult's voluntary consent to marriage negates claims of illegal custody.
Headnote:
Custody - Writ Petition - No specific act/section referenced - The court determined that the alleged detenu, being of legal age, willingly entered marriage and was not in illegal custody.
Fact of the Case:
The petitioner claimed that his 21-year-old daughter was in illegal custody of the 4th respondent. The daughter later stated she willingly married the 4th respondent, denying any coercion.
Finding of the Court:
The court found that both parties were of marriageable age, and the alleged detenue was not under illegal custody, having married the 4th respondent voluntarily.
Issues: Whether the alleged detenu was being held in illegal custody against her will.
Ratio Decidendi: The court concluded that since the alleged detenue was of legal age and denied being coerced, no further action was necessary.
Final Decision: Writ petition closed; detenu allowed to go free.
JUDGMENT
Raman, J.
Petitioner, who is the father of Aleena Alappat, the alleged detenu, has filed this writ petition alleging that his daughter Aleena, is under the illegal custody of the 4th respondent. Respondent Nos. 5 and 6 are parents of the 4th respondent. Respondent Nos.7 and 8 are his friends. According to the petitioner, his daughter, Aleena is aged 21 years and is a First Year Post Graduate Student in Fine Arts in Amrita School of Applied Arts and Sciences, Brahmasthanam, Edappally. The 5th respondent is running a driving school. Petitioner's daughter joined the said driving school. The alleged detenue developed intimacy with the 4th respondent. It is alleged that the marriage agreement was executed by her on 12/10/2007 under threat and coercion. Petitioner seeks for production of the corpus of the alleged detenue and to release her.
2. Pursuant to the notice issued parties have appeared. We interacted with the alleged detenue, Aleena, and she stated that she has WP(Crl).No.286/2007 completed 21 years of age and her date of birth is 11/5/1986. The learned counsel for the 5th respondent produced a copy of the certificate issued from the school where she was studying. On a perusal of the same it is seen that her date of birth is 11/5/1986. It is admitted in the writ petition that she has already completed 21 years of age. The date of birth of the 4th respondent-Jithin is 11/7/1986 as evidenced by the school records produced by the party respondents. We have interacted with the alleged detenue and she stated that she is studying for Master of Fine Arts (M.F.A.), that the 4th respondent is her husband, and that the allegation that she is under the illegal custody of the party respondents is denied. She also stated that on her own will she married the 4th respondent. The receipt issued by the Guruvayoor Municipality for a marriage certificate was also produced. The receipt is dated 6/12/2007, which is three days after filing the writ petition before this Court. However, since both the 4th respondent and the alleged detenu, Aleena, have reached the marriageable age and she stated that she is not under the illegal custody of anybody, there is no room for issuing any further direction in this writ petition and she is set free. We have interacted with the parents of the 4th respondent and they stated that they have accepted Aleena as their WP(Crl).No.286/2007 daughter-in-law.
In the circumstances, this writ petition is closed.
P.R.RAMAN, Judge.
V.K.MOHANAN, Judge.
kcv.
