High CourtsDivision Bench

Shibu K G vs State Of Kerala

High Court Of Kerala · Decided on 1 March 2023 · Citation: (2023) 03 KL CK 0020

HON’BLE JUDGES
Alexander Thomas, J · C.S.Sudha, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (CRL.) No. 184 Of 2023
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Judgment

5 paragraphs · 260 words

C.S.Sudha, J

1.

In the writ petition, it is stated that the petitioner and the alleged detenue, (the daughter of R-4) are in a relationship and that they have decided to live together. However, as both of them belong to different religions, the parents of the alleged detenue is opposing the relationship and that presently the alleged detenue is being kept under the illegal detention of R-4, her father. Hence the present petition seeking a writ of habeas corpus directing the respondents to produce the alleged detenue before this Court and to set her at liberty.

2.

On 22/02/2023, we issued notice to the respondents and the 3rd respondent was directed to produce the alleged detenue before the Secretary, District Legal Services Authority, Kottayam, on this day, so as to enable us to directly interact with her through video conferencing.

3.

As directed, the alleged detenue has been produced before the Secretary, DLSA, Kottayam. We interacted with her through video conferencing. To our queries, the alleged detenue, namely, Amalu K. Kainikara, aged 24 years, submitted that she is not under the illegal detention of her parents or anybody else. She also submitted that she is not interested in continuing the relationship with the petitioner or to join him. The alleged detenue is a major and is capable of taking independent decisions. In these circumstances, we find that the allegation that the alleged detenue is under the illegal custody of her parents is incorrect and therefore the prayers in the writ petition cannot be allowed.

Hence, the writ petition is dismissed.