AI Structured Summary
Not yet generated for this judgment
Judgment
K.Vinod Chandran, J.
The petitioner is before this Court alleging that his daughter, who is also married, is under the illegal custody of the 4th respondent. In fact, on a man
missing complaint being registered, the daughter of the petitioner was produced before the Judicial First Class Magistrate Court-III, Neyyattinkara,
from where she had on her own free will, gone with the 4th respondent. It is after that, the father has filed the above writ petition alleging that the 4th
respondent is married and has criminal antecedents. It is also submitted that the petitioner’s daughter is married to another, who is working
abroad.
2. Considering the totality of the circumstances, a Division Bench of this Court directed her to be produced today by video conferencing before this
Court. In the morning she came before us on video conferencing from the Kanjiramkulam Police Station. We conversed with the alleged detenue and
she told us that she was not under any illegal custody and she had gone with the 4th respondent on her own free will. We directed the detenue to have
interaction with her parents who were also present in the Police Station. We specifically instructed the Police to see that they conversed in privacy.
3. The matter was taken up after one hour at 12 noon. We again conversed with the alleged detenue who reaffirms her desire to go with the 4th
respondent. Though the learned counsel for the petitioner would contend that there was not enough privacy, the Woman Police Officer who appeared
through video conferencing assures us that the alleged detenue talked with her parents in total privacy. We also talked to her father, the petitioner
herein, who expressed his anxieties. However, the daughter of the petitioner being an adult and as per our reading; capable of deciding for herself,
expressed her desire unequivocally that she desires to go with the 4th respondent. In such circumstances, we do not find any illegal detention of the
daughter of the petitioner.
We hence, reject the writ petition.
