Shylaja vs The District Superintendent of Police, The Sub Inspector of Police, Symalal and Ravi

The petitioner has come to this Court with this petition for issue of a writ of Habeas Corpus to search for, trace and produce Suja Sunder, her daughter aged 17 years (date of birth 27.8.1993). According to the petitioner, her husband, (father of the alleged detenue) is employed abroad. The petitioner is residing along with her two children - the alleged detenue and her younger sister. The alleged detenue was found missing from 22.9.2010. A crime was registered by the Paravoor Police. But the police did not trace the alleged detenue. It is in these circumstances that the petitioner came to this Court with this petition on 27.9.2010.

This petition was admitted on 28.9.2010. Notice was ordered to the respondents. Today when the case is called, the petitioner along with her husband has come to Court. She is represented by her counsel. Respondents 3 and 4 have come to Court. They are represented by their counsel.

As the alleged detenue comes to Court along with/in the custody of respondents 3 and 4, we permitted the alleged detenue to remain alone in the Chamber. We permitted the petitioner and her husband, the parents of the alleged detenue, to interact with her. During the pre-lunch sessions the alleged detenue and her parents were permitted to so interact. After the lunch recess we interact with the alleged detenue alone initially and later in the presence of her parents. Subsequently we interact with respondent No. 3 and the alleged detenue.

Counsel for the petitioner, counsel for respondents 3 and 4 and learned Government Pleader were also present.

The alleged detenue and the third respondent submit before us that they are in love. They want to get married. The parents of the third respondent are willing to accept the relationship. The parents of the alleged detenue are however not willing to accept the relationship now. The alleged detenue is still a minor. Till the age of 18 years she cannot get married. The parents of the alleged detenue agree that till the alleged detenue attains the age of 18 years she shall not be given in marriage to any one. They further undertake that even thereafter she will not be given away in marriage to anyone without her full consent. The parents of the alleged detenue pray that they may be permitted to take the alleged detenue with them.

We tried our best to persuade the parties to come to harmony and agreement. We are happy to note that there is agreement between the parties. Accordingly the parties agree and we issue the following directions.

i) The alleged detenue shall today return from Court along with her parents.

ii) The alleged detenue shall be accommodated by her parents at the house of her maternal grandmother at Thonippara. The parents of the alleged detenue undertake that the alleged detenue shall not be accused, harassed, tormented or physically belabored for the indiscretion committed by her in going with the third respondent during her minority.

iii) The parents of the alleged detenne shall be at liberty to advise, counsel and guide the alleged detenue. She shall be brought W.P.(Crl). No. 378 of 2010 again to this Court on 18.10.2010. On that day appropriate further directions shall be issued. On that day the parents of the alleged detenue shall file a joint affidavit of undertaking incorporating the undertakings referred above. Call on 18.10.2010.