Thahira I vs State Of Kerala And Ors

K. Vinod Chandran, J

Petitioner is before this Court alleging that her daughter aged 19 years, the detenue, is under the wrongful confinement of the 5th respondent. It is

also submitted before Court that the daughter of the petitioner had been duped and she had proceeded with the 5th respondent on his promise of

marrying her. It was submitted that the 5th respondent is already married and has two children.

We directed the police to procure the custody of the alleged detenue and produce her before us. Today the detenue is before us. We have

interacted with her in our chambers. She told us categorically that though she had gone with the 5th respondent, it was on the promise that he will

marry her. In fact there was misrepresentation with respect to the earlier marriage, since the 5th respondent had told her that he was already

divorced. The detenue has also submitted before us that she had physical relationship with the 5th respondent, which consent was only on the promise

of his marrying her and on the information that he was already divorced.

The learned Senior Government Pleader submits that the daughter of the petitioner had appeared before the 3rd respondent, Station House Officer,

along with the 5th respondent. Before production before this Court, she was produced on the digital platform before the Judicial First Class Magistrate,

Nedumangad. Before the Magistrate she had submitted that she had gone with the 5th respondent on her own free will. However, only later she came

to know that the 5th respondent had not divorced his earlier wife and still the marriage subsists. It was in such circumstances that the daughter of the

petitioner has expressed her desire to go with her mother.

The mother/petitioner also is present before us and the daughter of the petitioner is allowed to go with her mother. The police would first produce

her before the Station House Officer, the 3rd respondent, who shall record her First Information Statement and from there she shall be sent for

medical examination and further steps taken in accordance with law.

The writ petition is disposed of with the above direction, allowing the daughter of the petitioner, the detenue, to go along with the petitioner.