Back
HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
RAMAN NAIR – Appellant
Versus
DY S P KAYAMKULAM – Respondent
WRIT PETITION (CRIMINAL) 472/2011
Marriage - Personal Liberty - Special Marriage Act - Section 4 - Underage Marriage Considerations - The court interpreted the Special Marriage Act emphasizing personal liberty and the right to choose a partner, addressing the complexities of underage relationships and parental authority while laying a framework for lawful marriage registration.
Fact of the Case:
Writ petitions 472 and 514 were filed regarding Riya Mahin's pregnancy and alleged illegal detention. Riya, a minor, wished to marry Sreekanth Nair but faced parental opposition and potential forced termination of her pregnancy. The court intervened for her welfare and future.
Finding of the Court:
The court found Riya Mahin's desires valid, noted her preference to live with Sreekanth Nair, and approved plans for their marriage registration under the Special Marriage Act, considering her welfare and legal age.
Issues: Whether Riya Mahin's wishes regarding her personal relationship and future were being unduly influenced or restricted by her parents and legal guardianship under the conditions of her minority.
Ratio Decidendi: The court established that personal liberty and the right to choose a life partner take precedence, even in cases of minors, provided the necessary legal framework for marriage registration is adhered to.
Final Decision: The writ petitions were disposed of, allowing the couple to marry and directing the court guardian to assist in the marriage registration process.
J U D G M E N T
K.T.Sankaran, J.
W.P.(Crl) No.472 of 2011 is filed by Raman Nair, the father of Sreekanth R.Nair, alleging that his son was in love with Riya Mahin, the daughter of Mahin Kunju. It is alleged that on 21st September, 2011, Riya Mahin went to the house of Raman Nair and met him and his wife. Riya Mahin disclosed that she was pregnant, as a result of the relationship between her and Sreekanth R.Nair. It is stated that they informed the matter to Sreekanth R.Nair. Riya Mahin had not attained majority and therefore, their marriage could not be solemnized. On a petition filed by the father of Riya Mahin, she was produced before the Judicial Magistrate of the First Class-I, Haripad and she was sent with her parents. It is stated in the Writ Petition that Riya Mahin informed Sreekanth R.Nair that Riya's parents proposed to take her to Chennai for termination of pregnancy by force. Stating that the whereabouts of Riya Mahin were not known and that she was under the illegal detention of her parents, Raman Nair filed W.P.(Crl) No.472 of 2011.
W.P.(Crl) Nos.472 & 514 of 2011 2
2. Mahin Kunju filed W.P.(Crl) No.514 of 2011, alleging that his daughter Riya Mahin was kidnapped by Sreekanth R.Nair, on 6.11.2011 and that the girl was under his illegal custody. It is alleged that the girl was kidnapped by Sreekanth R.Nair and his associates, after the girl was left with her parents by the learned Magistrate.
3. Various interim orders were passed by this Court.
On 21.10.2011, a Division Bench requested Senior Advocate Smt.V.P.Seemanthini to interact with the girl. The Division Bench directed the girl to appear before the Superintendent of General Hospital, Ernakulam for appropriate medical attention. It was also directed to ascertain whether the termination of pregnancy was due to natural causes or whether it was an M.T.P. The girl was allowed to go with her parents.
4. As per the order dated 24.10.2011, Adv.Smt.S.Karthika was appointed by this Court as amicus curiae and later she was appointed as the Court guardian of Riya Mahin. It would appear that Riya Mahin left her parents after the order dated 24.10.2011.She was brought before Court.
W.P.(Crl) Nos.472 & 514 of 2011 3 Riya Mahin was directed to be admitted in Santhinikethan Hostel, for the time being. She remained in that hostel till 30.1.2012. Thereafter, she was taken to Y.W.C.A. Hostel, Mavelikkara. As per the order dated 30.3.2012, Riya Mahin was permitted to reside at Eerezha Batheny Balika Madom, Mavelikkara, till she attains the age of majority on 25.6.2012. The parents of Riya Mahin and Sreekanth R.Nair were permitted to meet the girl during the visiting hours of the hostel.
5. As per the order dated 15.6.2012, we permitted the court guardian to take necessary steps to get admission for Riya Mahin in D.B.Pamba College, Parumala for B.A. Course. The court guardian took necessary steps and Riya Mahin was admitted in the college.
6. Today, Riya Mahin, Sreekanth R.Nair and his mother are present. The parents of Riya Mahin are not present. We interacted with Riya Mahin. She stated that she does not want to go to her house and that she wants to go to the house of Sreekanth R.Nair. She was admitted in the hostel till she attained majority. Her lover and her parents were allowed to W.P.(Crl) Nos.472 & 514 of 2011 4 interact with her during her stay in the hostel for about six months. She has not changed her views with regard to her future plans in life. She stated that she has to attend her college from tomorrow onwards. Smt.Sreelatha, the mother of Sreekanth R.Nair submitted that she is prepared to protect Riya Mahin in her house. She also stated that she will take all the necessary steps for registering the marriage of Riya Mahin and Sreekanth R.Nair, under the Special Marriage Act. The court guardian submitted that she will give necessary instructions to them to do the needful in accordance with law.
7. Recording the above submissions and undertaking, the Writ Petitions (Crl) are d
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
