HIGH COURT OF KERALA
K VINOD CHANDRAN, T. R. Ravi, JJ
SREESANTH R. – Appellant
Versus
CIRCLE INSPECTOR OF POLICE – Respondent
WP(Crl.)/155/2020
Detention - Writ Petition - N/A - The court addressed the issue of personal liberty, confirming the alleged detenue's free will to choose her parents over the petitioner, emphasizing the principles of autonomy and legal custody.
Fact of the Case:
The petitioner sought judicial intervention to have an alleged detenue recognized as his spouse. The court allowed interaction under police protection, noting the alleged detenue's expressed desire to remain with her parents during the meetings, which prompted further legal inquiry.
Issues: Whether the alleged detenue was in illegal custody and if her desires regarding her living situation were being honored.
Ratio Decidendi: The court held that personal liberty and individual choice must be respected, particularly for a major, affirming her right to choose her custodial arrangement without coercion.
Final Decision: The writ petition was closed with no further actions required, acknowledging the expressed wishes of the alleged detenue.
J U D G M E N T
Vinod Chandran, J.
In the morning we passed an order specifically directing the bye-standers of the alleged detenue to be kept away from the room in which she is admitted in the Hospital. We also directed the petitioner and his mother who were present in Court to proceed to the Indira Gandhi Cooperative Hospital, Kadavanthra for conversing with the alleged detenue, with police protection.
2. We also permitted the petitioner and his mother to interact with the alleged detenue; in the presence of a nursing attendant and a Woman Police Officer. The Woman Police Officer was also directed to file a report as to the specific response of the alleged detenue with reference to her willingness to go with the petitioner herein whom she is alleged to have married.
3. We are told by the learned Senior Counsel appearing for the petitioner that on the initial interaction, the alleged detenue responded that she wants both the petitioner and her father. There was some interference to the interaction which was again averted on our intervention. The learned Senior Government Pleader has now placed the report of the Woman Police Officer before us. It is stated that the alleged detenue had categorically responded that she wants to remain with her parents. The response is admitted by the learned Senior Counsel appearing for the petitioner also; on instructions received. In such circumstances, we do not think that there is anything further to be done in the Writ Petition(Crl). We close the Writ Petition(Crl). Before leaving the matter we look at the explanation filed by the Doctor in response to the order dated 27.10.2020 and we are satisfied with the same. We make it clear that we have not stated anything with respect to the alleged marriage between the petitioner and the detenue and if any proceedings are initiated by either parties in any forum what is stated herein need not regulate the said proceedings. We find that the daughter of the 3rd respondent is not under illegal custody and has expressed her free will to go with her parents. The subject being a major we close the writ petition directing that she may be discharged on appropriate decision being taken by the Attending Physician.
Sd/-
K. VINOD CHANDRAN JUDGE Sd/-
T.R. RAVI JUDGE jma APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED
07.07.2020 ISSUED BY THE SREE NARAYANA DHARMA PARIPALANA YOGAM.
EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPH OF THE MARRIAGE BETWEEN THE PETITIONER AND THE DETENU EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS IN CRIME NO.
957/20 OF PUTHENCURZ POLICE STATION EXHIBIT P4 A TRUE COPY OF THE FIS IN CRIME NO.961/20 OF THE PUTHENCURZ POLICE STATION EXHIBIT P5 A TRUE COPY OF THE FIS IN CRIME NO.961/20 OF THE PUTHENCURZ POLICE STATION EXHIBIT P6 A TRUE COPY OF TGE CERTIFICATE ISSUED BY THE FIRST RESPONDENT UNDER RTI ACT.
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