K. Subramaniam vs The Sub Inspector of Police and M. Selvam

P. Sathasivam, J.—The petitioner K.Subramaniam has filed this petition for production of his daughter S. Lalitha Subaranjani, aged about 17

years before this Court and to hand over her custody to him.

Pursuant to the direction of this Court, the detenue S.Lalitha Subaranjani appeared before us. We enquired her. She asserted before us that she

is 18 years old. According to her, her date of birth is 18.05.1989. If that is so, she has completed 17 years. She has also informed us that on

24.03.2006, she married the second respondent M.Selvam and according to her, from the said date onwards, both of them are living together

happily along with the parents of the second respondent. She also asserted that she prefers to live with the second respondent and she is not willing

to go with the petitioner, who is her father.

Considering the fact that the detenue is yet to be completed 18 years and taking note of the fact that she married the second respondent three

months ago, we summoned her parents as well as the parents of the second respondent. As far as the petitioner K.Subramaniam is concerned,

though he expressed his difficulty in accepting the marriage of his daughter with the second respondent, ultimately he informed this Court that any

suitable order may be passed in this petition.

Pursuant to our direction, the mother of the second respondent is also present. It is brought to our notice that the father of the second

respondent is unwell due to which he did not appear. We enquired the mother of the second respondent. She assured that she would take care of

her daughter-in-law, the detenue herein and there will not be any problem in continuing their wedlock. Likewise, the second respondent also

informed that he is an Auto Mechanic and is getting regular income.

In the normal circumstance, taking note of the age of the detenue, either we have to send the detenue with her father, the petitioner herein or to a

Home. But in view of the statement made by the petitioner and of the fact that the detenue and the second respondent married as early as on

24.03.2006 and are living together peacefully for all these months, we are not inclined to separate them at this juncture, particularly, in view of the

assurance given by the second respondent as well as his mother. In such circumstances, we permit the detenue to continue her marital life with the

second respondent.

With the above observation, this petition is closed.