High CourtsDivision Bench

Muhammed Sahal.K.S vs State Of Kerala

High Court Of Kerala · Decided on 14 February 2022 · Citation: (2022) 02 KL CK 0133

HON’BLE JUDGES
K.Vinod Chandran, J · C.Jayachandran, J
RESULT
Allowed
CASE NUMBER
Writ Petition CRL.) NO. 130 Of 2022
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Judgment

14 paragraphs · 289 words

K. Vinod Chandran,J.

1.

The petitioner is concerned with the illegal detention of the sister of the 4th respondent, who is his fiancee. According to the petitioner, she is

detained illegally for reason of her relationship with the petitioner.

2.

When the writ petition came up for admission, we directed the police to obtain a statement of the alleged detenue, through a Woman CPO, without

interference of her parents. A statement was so obtained, which is produced along with a detailed statement of the Station House Officer. In the

statement, she admits her relationship with the petitioner and that her family is against it. She also submits that she is constantly harassed by her family

members and she is isolated at her home. She states that she wants to live with the petitioner as his wife.

3.

Considering the statements made, we directed the detenue to be produced before the Secretary, DLSA, Thrissur for facilitating Video

Conferencing. The detenue was present before the DLSA, Thrissur and she was facilitated Video conferencing by the Sub Judge in charge. The

Judge, as per our direction, had interacted with the subject and informs us that she is very clear in her mind and wants to go with the petitioner. We

also talked to the mother of the detenue who was present at the DLSA, Thrissur. She informs us that despite pursuasion, her daughter is not dissuaded

from the relationship. In such circumstances, considering the age of the petitioner, as also the fact that she has not been coerced into such relationship,

we cannot but allow her to go with the petitioner. We directed the Sub Judge to ensure that she is permitted to go with the petitioner. The Writ petition

stands allowed.