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2008 Supreme(Online)(KER) 48360
HIGH COURT OF KERALA
P.R.RAMAN, T.R.RAMACHANDRAN NAIR, JJ
ANOOP – Appellant
Versus
DY SP OF POLICE KATTAPPANA – Respondent
WRIT PETITION (CRIMINAL) 250/2008
The autonomy of an adult in marital choices is paramount, and parents cannot enforce custody against the wishes of a consenting adult.
Headnote:
Marriage - Detention - Writ Petition - Summary: The court considered the validity of a marriage between consenting adults and the implications of illegal detention under relevant laws, ultimately concluding that the adult's expressed autonomy is paramount in decisions about personal relationships.
Fact of the Case:
The petitioner, who married Shiny Aliyas (the alleged detenue), claimed she was illegally detained by her parents after they took her from his house. The marriage was evidenced by a certificate, and the alleged detenue confirmed the marriage and her adult status.
Finding of the Court:
The court interacted with all parties, establishing that the alleged detenue was of legal age and confirmed her desire to marry the petitioner, indicating she was not under illegal custody.
Issues: Whether Shiny Aliyas was illegally detained by her parents and whether her marriage to the petitioner was valid given that she expressed her autonomy.
Ratio Decidendi: The court emphasized that as a major, Shiny Aliyas had the right to make her personal choices, including the decision to marry, which should not be overridden by her parents' wishes.
Final Decision: The writ petition is closed, and Shiny Aliyas is set free.
J U D G M E N T
Raman, J.
Petitioner married the alleged detenue Ms. Shiny Aliyas, who is the daughter of Respondents 1 and 2 and sister of Respondent No.3. According to the petitioner, himself and Shiny were studying together for B.Com in the same College and while so they fell in love and subsequently married. Ext.P1 is the marriage certificate issued by the Marriage Officer, Kattappana. It is alleged that after the marriage, petitioner and the alleged detenue were living in his house and subsequently the respondents visited the petitioner's house and took Shiny along with them and thereafter she is not allowed to contact the petitioner and she is illegally detained by them.
Hence he approached this Court by filing this writ petition.
2. Pursuant to the notice issued, the parties appeared before us. We have interacted with the alleged detenue Shiny, the respondents and with the petitioner. The alleged detenue Shiny has stated that she is a major, that she is aged 22 years, (born in 1985) and that she likes the petitioner.
She admitted her marriage with the petitioner and according to her, the marriage was witnessed by the petitioner's father. She stated that she is not under the illegal custody of her parents. The petitioner submitted that he is a Graduate in B.Com. and now he is employed in a private limited company. We have interacted with the parents of the girl also. But it appears that they are not agreeable for the marriage.
In the facts and circumstances, since the alleged detenue Shiny is a major and she stated that she is not under any illegal custody, we set her free.
The writ petition is closed.
P.R. RAMAN, (JUDGE)
T.R. RAMACHANDRAN NAIR, (JUDGE)
knc/-
