Prabin K.P. vs State Of Kerala

C.S.Dias, J

The writ petition is filed, seeking a writ of habeas corpus, to command the 3rd respondent to produce Rafna A.K. (the alleged detenue) before this court.

The petitioner's case is that; he is in love with the alleged detenue for the last five years, who is his fiancee. He and the alleged detenue are studying at the Century Dental College, Kasaragode. They have decided to get married. However, the 3rd respondent/father of the alleged detenue has opposed their relationship. The alleged detenue has gone missing from 17.03.2022. The petitioner has lodged Ext.P1 complaint before the 2nd respondent, but the whereabouts of the alleged detenue is not known. Hence the writ petition.

This court by order dated 19.04.2022 had directed the learned Government Pleader to get the statement of the alleged detenue recorded through the competent police.

The Station House Officer, Koduvally Police Station has submitted a report dated 08.04.2022, wherein it is stated that, the alleged detenue is desirous of marrying the petitioner. But, as the petitioner and the alleged detenue belong to two different religions, the detenue's parents have opposed their relationship. Still, she desires to go along with the petitioner.

Pursuant to the above report, this Court had on 22.04.2022 directed the 2nd respondent to produce the alleged detenue before this court.

Today (26.04.2022), the alleged detenue is present before us. We have interacted with the alleged detenue. She emphatically states that she desires to get married to the petitioner. She also confirms that the statement given by her to the Station House Officer, Koduvally Police Station was on her free will and volition.

We have also spoken to the petitioner. He states that he is prepared to get married to the alleged detenue. However, for want of documents, he and detenue are unable to get their marriage solemnized. Immediately on getting the documents, he would get married to the alleged detenue under the provisions of the Special Marriage Act. The said statement is recorded.

The petitioner states that, he and his family members are being threatened by the 3rd respondent and his relatives. Therefore, he seeks for necessary police protection. Similarly, the alleged detenue also states that, her passport and academic records are in the custody of the 3rd respondent.

In the result, the Writ Petition (Crl) is allowed as follows:

(i)The alleged detenue is set at liberty to live her independent life.

(ii) If there is any threat from the third respondent or his men, then the petitioner would be at liberty to approach the competent police for protection, who shall render adequate protection to the petitioner and the alleged detenue.

(iii) The 2nd respondent shall visit the house of the 3rd respondent and collect the passport and the academic records of the alleged detenue and hand it over to her.

(iv) The petitioner and the alleged detenue are directed to get their marriage solemnised under the Special Marriage Act, as expeditiously as possible.