Sarasu P.K. vs State of Kerala and Others

R. Basant, J.—This judgment must be read in continuation of our earlier orders resting with the order dated 04.08.2010. The petitioner has come to this Court with the grievance that her daughter Aleesha A. Shankar, aged 16 years (date of birth - 10.05.1994),has been illegally kidnapped and is being detained by respondent Nos.4 and 5. Respondent No. 4 is a young man said to be aged26 years and the 5th respondent is his father.

The alleged detenue had come to Court along with the5th respondent on 04.08.2010. She was sent along with her mother, the petitioner herein. The petitioner has filed an affidavit now that the alleged detenue shall not be given away in marriage till she attains the age of 18 years. It is further undertaken that she shall not be given away in marriage to anyone without her consent. The 4th respondent has not appeared before Court. Today when the case is called, the petitioner is present along with the alleged detenue. She is represented by a counsel. The 4th respondent has not appeared before Court. The 5th respondent and his counsel are present before Court.

The alleged detenue has not attained majority. She will attain majority only on 10.05.2010. The alleged detenue had stated before us that she is in love with the 4th respondent. That submission was made on the last date of posting. Today when the case is called, the alleged detenue also appears to accept that she cannot get married till she attains the age of 18 years. She agrees to return from Court along with her mother and legal guardian, the petitioner herein.

The mother of the alleged detenue, the petitioner herein, reiterates the undertakings given in the affidavit dated10.08.2010 filed by her before this Court. She asserts that after the alleged detenue attains the age of 18 years and if then the alleged detenue and the 4th respondent want to get married to each other, she will raise no objection against such marriage taking place.

At the moment we are concerned only with the question whether the alleged detenue is under illegal detention and confinement. We are satisfied that when the petition was filed, the alleged detenue, a minor girl aged 16 years, was away from her mother, the petitioner herein. She has been restored to her mother and we are satisfied that this petition can now be closed with appropriate directions.

In the result:

a) The Writ Petition is allowed;

b) The alleged detenue is permitted to leave the Court along with her mother, the petitioner herein;

c) We accept the affidavit dated 10.08.2010 filed by the petitioner that the alleged detenue shall not be given away in marriage till she attains the age of majority and that even after she attains majority, she shall not be given away in marriage to any one without her consent;

d) We further record the submission of the petitioner that after the alleged detenue attains the age of 18 years and if the alleged detenue and the 4th respondent want to get married, she shall not in any way raise any objection against such marriage.