The legal validity of a marriage under the Special Marriage Act provides a basis for individual autonomy and choice in marriage despite parental opposition.

J U D G M E N T

C.K. Abdul Rehim, J:

Averments in the writ petition are to the effect that the petitioner and one Miss.Helna Mary, who is the daughter of the 3rd respondent, were in love and they have decided to marry each other. It is stated that they have submitted an application before the Marriage Officer, Ernakulam to solemnize the marriage under the Special Marriage Act on 03-08-2015. Exhibit P3 is the acknowledgment for receipt of money evidencing payment of fee issued when the notice of intention of marriage was submitted. It is also mentioned that they have conducted a religious marriage under Hindu custom before a temple at Cherthala, on 06-08-2015. The certificate issued from the temple is produced as Ext.P4. After the marriage the petitioner and the alleged detenue proceeded to Munnar. But the 2nd respondent had taken the W.P.(Crl.) No.354/2015 -2-

alleged detenue into custody on 06-08-2015 at 11.30 a.m. and forcefully taken her in a vehicle. It is alleged that the 2nd respondent had acted illegally under undue influence of the 3rd respondent and taken the alleged detenue into custody and entrusted her with the 3rd respondent, against her free will. Alleging that the 3rd respondent is now detaining the alleged detenue against her will, this case is instituted seeking a writ of Habeas Corpus for directing production of the corpus of Miss. Helna Mary and to set her at liberty.

2. Pursuant to notice issued from this court, the 3rd respondent had produced the alleged detenue on 17-08- 2015. When interacted, she admitted about solemnization of the marriage before the temple on 06-08-2015. But it is stated that the police authorities have taken her into custody on 07-08-2015 and she was sent along with her parents, since she expressed willingness to stay with them for a period of one month, till the solemnization of marriage. But when produced before this court she was not willing to go along with the 3rd respondent. Taking note of the fact W.P.(Crl.) No.354/2015 -3-

that the petitioner and the alleged detenue belong to different religion, there is no legal sanctity for the marriage allegedly solemnized before a Temple. Hence this court was not inclined to send the alleged detenue along with the petitioner. Therefore the 2nd respondent was directed to admit the alleged detenue at a hostel at Ernakulam, and the petitioner was directed to meet the expenses. The family members of the alleged detenue were permitted to visit and to provide her with appropriate counselling.

3. Thereafter the alleged detenue was again produced before this court on 03-09-2015. She expressed her firm determination to marry the petitioner on the basis of the notice of intention already submitted to the Marriage Officer on 03-08-2015. Accordingly we directed the alleged detenue to be taken to the Marriage Officer for solemnization of the marriage. Thereafter the case was posted for production of Certificate of Marriage before this court to 07-09-2015. On 07-09-2015 it was brought to notice of this court that the marriage could not be solemnized because there was some discrepancy occurred in the W.P.(Crl.) No.354/2015 -4-

publication of the notice. On that day also, when we interacted, the alleged detenue expressed her strong determination to solemnize the marriage with the petitioner and she was not prepared to go back to her parental house. Therefore we directed the 2nd respondent to admit her in another hostel at Ernakulam, at the expenses of the petitioner. The petitioner was directed to take steps for submission of fresh notice of intention of marriage, after getting signature of the alleged detenue. He was directed to produce the proof regarding submission of the notice of intention of marriage. Accordingly, on 10-09-2015, proof regarding submission of notice of intention of marriage before the Marriage Officer, Ernakulam, dated 08-09-2015 was produced. The alleged detenue expressed her desire to stay in the first hostel where she was admitted based