Vinunath vs State Of Kerala

C. Jayachandran, J

Petitioner is the husband of the alleged detenue aged 22 years. He seeks issuance of a Writ of Habeas Corpus mandating production of the alleged detenue before this Court and to set her at liberty on the allegation that, she has been illegally detained by the 7th respondent. Petitioner would allege that his wife/alleged detenue is a final year B.Sc Nursing student. Their childhood friendship blossomed into an intimate affair and they wanted to marry. However, the relationship was stiffly opposed by respondents 5 and 6, the parents of the alleged detenue. The detenue was compelled to marry a person against her will. In order to avert the danger, petitioner married the alleged detenue on 12.09.2021 as per Hindu rites at Sreekrishnapuram Temple, Puduchira. Ext.P1 certificate and Ext.P2 photographs would vouch the same. The alleged detenue went back to her hostel on the next day after marriage. Respondents 5 and 6/parents who came to know about the marriage took her from the college and thereafter, she is in illegal custody. Respondents 5 and 6 are harassing her and she has been deprived of all modes of communication. Ext.P3 complaint was preferred before the 4th respondent/Dy.S.P, which evoked no response. On 07.06.2022, petitioner came to know that the alleged detenue is in the illegal custody of the 7th respondent, the maternal uncle of the detenue. On such premise, petitioner seeks the relief above referred.

As per order dated 10.06.2022, we directed the 4th respondent/Dy.S.P. to obtain a statement of the alleged detenue by a Woman Police Officer, without the presence of respondents 5 and 6 or any other family member. Such statement taken is produced before us today. A perusal of such statement would indicate that, in order to safeguard herself from the risk of marrying a person of her parents' choice, petitioner made her believe that, they will perform the marriage ceremony as per the religious rites. Accordingly, they got married at Sreekrishnapuram Temple, Puduchira. However, without her consent, the marriage photographs were sent by the petitioner to the parents and relatives of the alleged detenue. Thereafter, the alleged detenue severed all her ties with the petitioner. She herself took another SIM card for her phone.

Pursuant to the complaint, the alleged detenue was summoned by the jurisdictional Station House Officer, to whom, the detenue communicated that she is no more interested to continue the relationship with the petitioner. In the statement before us, the alleged detenue expressed her apprehension that the petitioner would not permit her to pursue her studies and that, he may risk her life in order to wreck vengeance on her parents. The detenue would reiterate her decision that, she is not interested to go along with the petitioner. Beyond a shadow of doubt, the alleged detenue would state that, she is not under any illegal detention.

In view of the above statement where the alleged detenue would express her firm resolve not to go along with the petitioner, we find that, there is no illegal detention of the alleged detenue at the hands of respondents 5 and 6. The alleged detenue is in the company of none other than her parents. In such circumstances, this Writ Petition lacks merit and the same is therefore dismissed.