High CourtsDivision Bench

Manoj M vs Santhosh

High Court Of Kerala · Decided on 4 June 2022 · Citation: (2022) 06 KL CK 0037

HON’BLE JUDGES
K.Vinod Chandran, J · C.Jayachandran, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL.) No. 436 Of 2022
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 380 words

K. Vinod Chandran, J

1.

The petitioner was before this Court alleging that his wife, the daughter of respondents 1 & 2, is in their illegal custody. We directed the 3rd respondent to take a statement of the alleged detenue through a Woman Civil Police Officer without the interference of respondents 1 & 2 or any of their family members.

2.

A statement was placed on record, in which the alleged detenue had stated that while she was attending a training at Kanhangad, she met the petitioner and fell in love. After her graduation, she was again staying in Ernakulam for her further studies, when they continued the relationship. They became inseparable and got married; without the knowledge of her parents. Later, somehow her parents came to know of it and she was summoned home on the pretext of her sister, who was studying Nursing at Mangalapuram, having reached their home. Though she categorically said that she was not under any illegal detention, the parents had taken the mobile phone away and restricted her communication with the petitioner. While reiterating that she was not under illegal detention, she expressed her desire to live with her husband, the petitioner. It was also stated that the objection to her parents, was insofar as their loss of face before the local people, their friends and relatives. We hence directed the Station House Officer to ensure that the daughter of respondents 1 & 2 is produced before the Secretary, District Legal Services Authority, Thalassery, Kannur.

3.

Today, the daughter of respondents 1 & 2 was produced before the Secretary, DLSA, Thalassery. We interacted with her, when she informed us, her firm resolve to live with her husband. On interaction, we were of the opinion that she was not coerced into a relationship, nor did she enter into a marriage without informed consent. We hence interacted with the 1st respondent and the petitioner and suggested an amicable settlement. In any event, we were of the opinion that the daughter of the petitioner has to be left free, being an adult, to follow her desire and live with the petitioner.

We directed the Secretary, DLSA, Thalassery to ensure that the daughter of the 1st respondent is sent with the petitioner.

The writ petition is disposed of.