Shaji vs State Of Kerala

Bechu Kurian Thomas, J

The petitioner is the father of one Rithuvarna who is the alleged detenue. According to the petitioner, his daughter was married to one Sreerag, but, during the subsistence of the marriage, she absconded. A complaint was subsequently filed before the Judicial Magistrate based on which the detenue was produced. Since the detenue stated that she was not under any detention and that she desired to reside with the 4th respondent, the learned Magistrate permitted her to proceed according to her wishes.

This writ petition was filed subsequent to the aforesaid proceedings, alleging that, after the proceedings before the learned Magistrate, petitioner and his relatives received messages on their mobile phones, stating that his daughter is under detention and that she is being threatened by the 4th respondent.

When the matter came up for admission, this Court directed notice to be served on the 4th respondent and also directed the 3rd respondent to conduct necessary enquiries and to make available a report before this Court.

In the report handed over across the Bar by the learned Public Prosecutor, it is stated that the detenue had never sent any messages to the petitioner nor to any other person complaining about any illegal detention or about any coercion. It was also stated in the report that the dentenue had given a statement to the police stating that she is residing with the 4th respondent on her own volition and that she is not under any illegal detention.

The detenue and the 4th  respondent apart from the husband and parents of the detenue appeared before us today. We interacted with each of them separately. We also permitted the detenue to interact with her husband and her parents. Despite the above, the detenue submitted that she desires to go along with the 4th respondent and that she is not under any illegal detention.

We also noticed that even though petitioner alleged that he and his relatives had received messages, copies of such messages were not produced. Though a voice message was played to us through the mobile phone of the petitioner, the detenue, on being confronted with the message asserted that those messages were sent much earlier even before she appeared before the Magistrate. The detenue had appeared before the learned Judicial First Class Magistrate-II, Perambra on 13.4.2023 and stated that she desired to live along with the 4th respondent. The detenue stated before the police pursuant to the direction of this Court that she is residing on her own volition with the 4th respondent. She expressed her desire before us also, to reside with the 4th respondent.

In view of the above, we are satisfied that Smt.Rithuvarna is not under any illegal detention as alleged. Hence, this writ petition is closed.