Abdul Razak N. vs Dileep and Others

R. Basant, J.—This judgment must be read in continuation of the earlier orders passed by us in the matter resting with the order dated 7.9.2010. The alleged detenue Adila Razack is brought to the Court today from Santhinikethan hostel. The petitioner, her father Abdul Razack and his wife are present before the Court. He is represented by a counsel. The first respondent and his counsel are present.

We permitted the petitioner and his wife to interact with their daughter, alleged detenue Adila during the pre lunch session. Thereafter, we interacted with the petitioner alone initially, later we interacted with the alleged detenue. Subsequently, we interacted with the first respondent. Counsel for the petitioner, first respondent and the learned Government Pleader were also present.

The petitioner and his wife pointed out that the alleged detenue is aged only less than 16 years, her date of birth is 14.11.1994. They are willing to take the alleged detenue with them. They assured the court that they shall not give the alleged detenue Adila in marriage to anyone before she attains the age of 18 years. They further assured the court that even after she attains the age of 18 years, the alleged detenue, Adila their daughter will not give away in marriage to anyone without her free consent. The petitioner and his wife have filed a joint affidavit incorporating the above undertaking. They further assured the court that they shall not in any way curse the alleged detenue or torment her with reference to the incident of her going away with the first respondent. They assured the court that the needful shall be done to give necessary support held assistance and patronage for the alleged detenue, a young lass, aged less than 18 years to get over the trauma that she has been forced to undergo.

The alleged detenue states before us that she is willing to go with her parents. She shall continue her studies, she as well as her parents assured us. The alleged detenue submits that the first respondent has not done anything wrong and it was she, who went along with him. While she was with him, he has not compelled her to do anything against her wishes and consent, she asserts. We take note of those submissions made by the alleged detenue.

The alleged detenue, as stated earlier, is a girl aged less than 16 years now. She cannot in law get married before she attains the age of 18 years. We are satisfied that the first respondent has no rights to keep her in his custody and we cannot permit the alleged detenue to go with the first respondent. Her parents are allegedly entitled to the custody of alleged detenue and we are satisfied that accepting the affidavit of undertaking filed by the parents of the alleged detenue, she can be permitted to go along with her parents as requested by her parents and as agreed by the alleged detenue.

In the result;

(a) This writ petition is allowed.

(b) The alleged detenue Adila, daughter of the petitioner aged less than 16 years (date of birth 14.11.1994) is permitted to leave the court along with the petitioner and his wife, her parents, accepting the affidavit of undertaking filed by the petitioner and his wife and as agreed to by the alleged detenue.