M. Sudheesh vs State of Kerala, Secretary and Others

R. Basant, J.—The petitioner has come to this Court with this petition for issue of a writ of Habeas Corpus to search for, trace and produce his sister Sujitha, a young woman aged above 21 years. (date of birth 25.4.1989). She has completed her Plus two course and was doing her Lab Technician course at Tirur. She has been missing from 30.8.2010. A complaint was made before the local police. But the police were not able to trace the alleged detenue. The petitioner apprehended that his sister, Sujitha, was being illegally detained by the 5th respondent.

This petition was filed on 6.10.2010. It was admitted on 7.10.2010. Notice was ordered to the respondents. The case was posted to this date for appearance of the parties.

Today when the case is called, the petitioner is not present. He is represented by his counsel. His father and mother, Unni Nair and Lakshmy, have come to Court. The 5th respondent has come to Court. Along with him, the alleged detenue has also come to Court.

As the alleged detenue Sujitha has come to Court along with the 5th respondent, who is allegedly confining and detaining her, we permitted the alleged detenue to remain alone in the Chamber with opportunity for no one to influence her. We did permit the parents of the alleged detenue to interact with her during the pre-lunch session. After the lunch recess we interacted with the alleged detenue alone initially and later in the presence of her parents. Subsequently we interacted with the alleged detenue and the 5th respondent.

Counsel for the petitioner and the learned Government Pleader were present. The 5th respondent and the alleged detenue are not represented by any counsel.

The alleged detenue and the 5th respondent submit before us that they are legally married. They are Hindus. Their marriage was solemnised at Arya Samaj Mandir (Vedic Church), Rammohan Road, Calicut on 31.7.2010. Certificate No. 1858/2010 dt. 31.7.2010 issued by the Arya Samaj Mandir is produced to confirm such marriage. The alleged detenue and the 5th respondent further submit that the alleged detenue is now pregnant. They have produced before us a prescription issued by Dr. Roopa Rathish M.B.B.S. and a report of Bharath Medical Laboratory to indicate that the pregnancy test (Card test) conducted has revealed positive pregnancy. Both the alleged detenue and the 5th respondent pray that they may be permitted to return together, they having already become man and wife in accordance with law.

The parents of the alleged detenue submit that the alleged detenue is not speaking voluntarily and genuinely. She is under great mental pressure and influence. They pray that the alleged detenue may be permitted to return along with them and they may be given an opportunity to counsel and guide the alleged detenue.

We attempted to ascertain whether the parties can harmoniously settle their disputes. We find that the parents of the alleged detenue are willing to take the alleged detenue along with them and produce her back before this Court after seven days. If the alleged detenue wants to go along with the 5th respondent even then, the parents submit that they will accept her decision and shall permit her to go with the 5th respondent. Even the 5th respondent does not appear to be averse to the said idea. But we note that the alleged detenue adamantly refuses to go with her parents. We advised her to accept the request of her parents, but we were not successful.

In a petition for issue of a writ of Habeas Corpus we are primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. In the facts and circumstances of this case, we are satisfied that the alleged detenue is not under any illegal detention. It appears to us that she is a strong willed woman. We must note that she has already crossed the age of 21 years. We are bound to recognise and accept her decisional autonomy. We are, in these circumstances, satisfied that no further directions need be issued in this case.

In the result:

a) This Writ Petition is dismissed.

b) The alleged detenue, Sujitha, who has come to Court along with the 5th respondent, is permitted to leave the Court with the 5th respondent as desired by her.