High CourtsDivision Bench

Nihara M.S. vs State Of Kerala

High Court Of Kerala · Decided on 3 February 2023 · Citation: (2023) 02 KL CK 0041

HON’BLE JUDGES
Alexander Thomas, J · C.S.Sudha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl.)No.30 Of 2023
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Judgment

5 paragraphs · 231 words

C.S.Sudha, J.

1.

In the writ petition, the petitioner alleges that the daughter of respondents 3 and 4, the alleged detenue, namely, Sibi Jose P. @ Chippy is a major who has completed 23 years and that she and the detenue are in a relationship. It is further alleged that respondents 3 and 4, who are the parents of the detenue have illegally detained the detenue and that they are threatening that they will not permit the petitioner and the detenue to live together. Hence the prayer for issuance of a writ of habeas corpus for directing the respondents to produce the detenue before the court and to set her at liberty.

2.

Read the last order dated 25/01/2023.

3.

Pursuant to the direction, the detenue is produced before us today. We interacted with the detenue, namely, Sibi Jose P. @ Chippy, who is stated to be 23 years old as well as with her parents. In spite of the fact that we gave ample time to the detenue to ponder about and think about her future course of action, she reiterates her firm resolve to go along with the petitioner. The alleged detenue is a major and is apparently under no disability. Since the detenue reiterates her resolve to go along with the petitioner, she is at liberty to carry out her wishes.

The above W.P(Crl.) is disposed of accordingly.