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Judgment
Alexander Thomas, J.
The prayers in the aforecaptioned Writ Petition (Crl.), seeking for a writ of Habeas Corpus, are as follows :
“i) to issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, commanding and compelling the respondents 1 to 2 to produce the body of the detinue “ Praveena” aged 18 years before this Hon'ble Court from the custody of respondent No.3 forthwith and the allow the detinue to live with the petitioner.
ii) to grant such other reliefs and cost as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.”
Heard Smt.Bhanu Thilak, learned counsel appearing for the petitioner and Sri.E.C.Bineesh, learned Public Prosecutor appearing for official respondents 1 to 3. Contesting respondent No.4 (mother of the alleged detenue) has been duly served notice through special messenger. Though R-4 has not entered appearance through the counsel, she has interacted with us through the video conferencing session today.
The case set up in the above Writ Petition (Crl.) is to the effect that the petitioner is having a love affair with the alleged detenue involved in this case, who is the daughter of R-4. That the date of birth of the alleged detenue is 05.11.2004. That when she had certain serious with her family members, she insisted that she has to move away from her parental home and as she had not then completed the majority age of 18 years, the petitioner had made arrangements to ensure that the alleged detenue resides with one of his close relatives in Kollam. That thereafter, it appears that R-4 or her relatives had given a complaint to the police, regarding her missing, which led to the registration of FIR No.249/2022 of Mukkom Police Station, Kozhikode District, under Sec.57 of the Kerala Police Act. That the police had, thereafter, traced out the alleged detenue at the residence of the petitioner's relative in Kollam and she was produced before the learned Magistrate. Further, it appears that the alleged detenue had then apprised the learned Magistrate that she does not want to go with her family members, due to certain issues. As she had not then completed the majority age of 18 years, the learned Magistrate had directed that she may be accommodated in a care home under the Child Welfare Committee and that thereupon, she has been accommodated in the care home, under the 3rd respondent at Kozhikode. That later, she has completed the majority age of 18 years on 05.11.2022, the alleged detenue does not want to reside there any longer and she wants to live with the petitioner and that they have decided to get married, etc.
Earlier, we had issued notice in this case. We are apprised by the official respondents that the alleged detenue has already completed the majority age of 18 years on 05.11.2022. Further, the learned Prosecutor has apprised us that earlier, based on the first information conveyed by the alleged detenue, two FIRs have been registered against her family relatives and after investigation, the case in respect of the first FIR has been referred as false and final report has been filed by way of charge sheet, in respect of the second case.
On the previous occasion, she had told that she does not want to reside any longer at the care home under the 3rd respondent and also that, she also does not want to reside with her family members, due to certain issues and that, she wants to live with the petitioner, etc., and that, they have decided to get married, etc. We had then adjourned the case to give some more time to the alleged detenue to ponder over her future. Moreover, R-4 had not then entered appearance. Later, we heard the learned counsel for the petitioner and the learned Prosecutor on 06.12.2022 and thereafter, we felt that we may have to again interact with the alleged detenue, to ascertain her wishes. Accordingly, we have interacted with the alleged detenue today, through video conferencing arranged by the Secretary, DLSA, Kozhikode. We have also interacted with R-4 (the alleged detenue's mother) as well as the petitioner. The alleged detenue has again told us, in clear terms, that she does not want to reside with her family members. When we had interacted with R-4, she has said that, if the alleged detenue so insists, then she cannot lawfully stand in the way.
The alleged detenue was accommodated in the care home under the 3rd respondent at a time when she had not completed the majority age of 18 years, when she was produced before the learned Magistrate, in the person missing case. That stage is over, as she has subsequently completed the majority age. Further, in view of the above referred cases, it appears that the alleged detenue does not want to reside with her family members. In view of the pendency of the abovesaid cases, we feel that the said stand of the alleged detenue appears to be reasonable. She has also told us that she wants to live with the petitioner and also study further, etc. The petitioner, on interaction, informed us that he is working as a Mechanic in a workshop at Oachira in Kollam District and that he has sufficient means of livelihood to take care of the alleged detenue after marriage, etc.
In view of the above aspects, we are of the view that the alleged detenue is to be given liberty to carry out her wishes, as she has completed the majority age of 18 years and is capable of taking her own decisions. Accordingly, the alleged detenue is set at liberty. However, we are told that, today, the petitioner has not reported before the Secretary, DLSA, Kozhikode, as he has work in Oachira, Kollam. Further, we are told that the alleged detenue was later made to shift from the 3rd respondent (care home) to another care home. In order to workout the modalities, it is ordered that, R-2 (SHO) will ensure that the alleged detenue is produced before the Secretary, DLSA, Kozhikode on 12.12.2022 (Monday) at 10 a.m and until then, the alleged detenue shall reside at the present care home. Thereupon, it is for the petitioner to report before the Secretary, DLSA, Kozhikode and the alleged detenue, if she so desires, can go with the petitioner.
The Registry will forward a copy of this judgment to the Secretary, DLSA, Kozhikode, who will ensure that a copy of this judgment is also forwarded to the present care home, where the alleged detenue is now accommodated.
No other orders and directions are called for.
With these observations and directions, the above W.P(Crl.) will stand finally disposed of.