'X' vs State Of Kerala

C.Jayachandran, J.

Petitioner is the father of the alleged detenue. In the instant writ petition, the petitioner seeks issuance of a writ of habeas corpus mandating production of his daughter, aged 18 years, before this Court on the premise that she is under illegal detention of the 3rd respondent herein.

In the writ petition, the petitioner would allege that his daughter had just crossed the age of 18 years and that she had not returned from the college on 14.3.2022, whereafter she is missing. Upon enquiry, the petitioner came to know that his daughter/detenue is in the custody of the 3rd respondent, later substantiated by a message sent by the third respondent to the petitioner. According to the petitioner, the custody of the detenue with the third respondent is against her will and, therefore, illegal. On such premise, the petitioner seeks the relief above referred.

By order dated 7.4.2022, we directed production of the alleged detenue before the Secretary, District Legal Services Authority, Kollam on 12.4.2022. Accordingly, the alleged detenue was produced, whereupon she expressed her desire to go along with her parents. For reiteration, the alleged detenue was directed to be produced before this Court today along with her parents. Accordingly, the detenue, third respondent and the parents of the detenue are present before us today. We have interacted with the alleged detenue and she expressed her firm desire to live with her parents.

The third respondent submitted that the alleged detenue was comfortably staying with him until she was produced before the DLSA, Kollam on 12.4.2022, where the alleged detenue was permitted to interact with her parents, without the presence of the third respondent. According to the third respondent, the detenue had changed her stand only on the undue influence of her parents. We discount the said submission of the third respondent for the reason that the alleged detenue has reiterated her desire before us today, after the expiry of more than 15 days from 12.4.2022.

Inasmuch as the alleged detenue is firm in her resolve to be with her parents, we allow this Writ Petition and direct the alleged detenue to be set free, so as to enable her to live her free and independent life.

In the eventuality of any threat from the third respondent, we direct the second respondent to afford adequate and necessary protection to the alleged detenue and her parents to avert such threat, and to initiate prompt action, in accordance with law, on the event of such high-handed action, if any. We further direct the Registry to mask the file, so as to maintain confidentiality of the records and privacy of the parties. Copies of any document, forming part of the file, shall not be issued to the parties or any person, except with the permission of the court concerned as per roster. Finally, we also direct the Registry to show the names of the petitioner and third respondent in the judgment and subsequent orders as 'X' and 'Y' to maintain their privacy.

The Writ Petition is ordered accordingly.