Sivik Suresh vs State Of Kerala

The prayers in the afore captioned Writ Petition (Criminal) seeking for the Writ of Habeas Corpus are as follows:

“

i. Issue a direction to the 8th and 9th respondents to prodeuce the detenu “Miss. Naina Anvar” before this Hon'ble COurt and set her free and on their failure to do so, issue writ of habeas corpus to respondents no. 1 to 7 to investigate, search and find out the 'Miss. Naina Anwar' and produce her before this Hon'ble Court to be sent her along with the petitioner.

ii. Issue writ of habeas corpus to the 1st to 7th Respondents to immediately locate the detenu and to protect her life and to prevent the Nikah of the detenu which is going to happen without the consent of the detenu.

iii. Issue writ of habeas corpus to the 7th respondent to shift the detenu to any shelter home under the control of 7th respondent for the time being.

iv. Grant such other relief deemed fit to this Hon'ble Court.”

Heard Sri.K.P.Sarath, learned counsel appearing for the petitioner and Sri.E.C.Bineesh, learned Prosecutor appearing for official respondents 1 to 7. Respondents 8 & 9 (parents of the alleged detenue) are personally present before us.

The case set up in the above Writ Petition (Criminal) is to the effect that, the petitioner (aged 25 years) and the alleged detenue - “Ms.Naina Anvar” (aged 24 years, daughter of R-8 & R-9) have studied together in St.Thomas College, Thrissur, for B.A. during the academic period 2016-2019 and that they are having love affair for the last 6 years. Further that, the petitioner has taken a B.A. Degree and the alleged detenue, after acquiring B.A. Degree, have also completed M.A. Degree. That, the petitioner is now working in the purchase department of the LULU Hypermarket, Bangalore as a Buyer and that the alleged detenue has been staying with her mother (R-9) who is working as a Teacher in the Kendriya Vidyalaya School, at Perambalur, Tamil Nadu and that the alleged detenue is also working as a School Teacher there. The petitioner belongs to Hindu religion and the alleged detenue belongs to Muslim religion.

Further that, the petitioner and the alleged detenue have decided to solemnize their marriage in accordance with the Special Marriage Act, without involving any change of religion of either parties. When the alleged detenue had told R-8 & R-9 about her intention to marry the petitioner, the said parties (R8 & R9) are not inclined to accept the same and that she is being detained in the residence of R-9 against her wishes and that R-8 & R-9 are compelling the alleged detenue to solemnize her marriage with another persion belonging to her religion and that the engagement function of the same was scheduled to be held on 23.10.2022 (Sunday) at Thrissur, etc.

In view of the specific case urged by the petitioner, that the alleged detenue is under the illegal detention of R-8 & R-9 and that she is being compelled to marry someone else, we have issued notice in this case which had come up for admission as a today motion on 21.10.2022. We had specifically directed R-5 SHO to ensure the production of the alleged detenue before the Secretary, District Legal Services Authority (DLSA), Thrissur, forthwith and thereupon, the Secretary, DLSA was directed to ascertain from the alleged detenue as to whether she is under the illegal detention of R-8 & R-9 or that she is being detained by them against her wishes and whether R-8 & R-9 are proposing solemnization of her marriage against her wishes and whether she is agreeable to that, etc. Further, we also directed the Secretary, DLSA to record the signed statement of the alleged detenue and if the Secretary, DLSA, Thrissur is convinced that the alleged detenue is being detained by R-8 & R-9 against her wishes or that she is not willing to the marriage proposal mooted by R-8 & R-9, etc. then the Secretary, DLSA & R-5 SHO will ensure that the alleged detenue is accommodated in a ladies' hostel in Thrissur, at the expenses of the petitioner. Further, we also directed, as per the order dated 21.10.2022, that R-5 SHO with the assistance of a lady police officer, will ensure the production of the alleged detenue before this Court at 10.15 a.m. on 25.10.2022.

The Secretary, DLSA, has now made available the signed recorded statement of the alleged detenue wherein she has told the former that she is being compelled to marry someone else against her wishes and that she wants to live with the petitioner, etc.

Today, the alleged detenue, R-8 & R-9 and the petitioner have personally appeared before us. We have interacted with these parties for sufficient length of time. The alleged detenue has told us in clear and categorical terms that she is being kept by R-8 & R-9 against her wishes and that they are compelling her to marry someone else, and that they have taken some steps for marriage function and that she wants to live with the petitioner and that she has decided to solemnize marriage in accordance with the Special Marriage Act, etc.

R-8 & R-9 expressed their wish that this Court may ascertain from the alleged detenue as to whether she is willing to undergo counselling process for about a week and then apprise this Court about her decision taken after reflection and after due thought.

The alleged detenue has told us that she is willing to undergo counselling at the Family Counselling Centre attached to this Court today and that she is not interested to undergo the long process of counselling otherwise.

We also ensured that the alleged detenue interacts with R-8 & R-9 in the premises of the Court. Even thereafter, the alleged detenue has reiterated her stand. We have also interacted with the petitioner who has said that he is now working at Bangalore and that his parents are fully supporting him in the conduct of marriage of the alleged detenue with him, and that both of them have decided to solemnize their marriage in accordance with the Special Marriage Act before the statutory Marriage Registrar, for which the minimum notice period will be about 30 days or so, and that till the marriage is conducted, it will be ensured that the alleged detenue is continued to stay in the present ladies' hostel at the expense of the petitioner.

The alleged detenue has also again reiterated her stand that she wants the solemnization of marriage with the pettioner in accordance with the Special Marriage Act and that until then, she would stay in the ladies' hostel as stated above.

Accordingly, with the consent of the petitioner and the alleged detenue, it is ordered that R-5 SHO and the lady police officer will ensure that the detenue is taken back to the ladies' hostel at Thrissur (YWCA Womens' Hostel, Thrissur) and as undertaken by the petitioner, the hostel expenses in that regard shall be borne by the petitioner.

It is for  the alleged detenue to proceed further in the matter in the manner she deems fit and proper. No other orders and directions are called for.

The Registry will forward copies of this judgment to R-8 & R-9.

With these observations and directions, the above Writ Petition (Criminal) will stand disposed of.