Jithu S vs State Of Kerala
2022 Latest Caselaw 5192 Ker

            IN THE HIGH COURT OF KERALA    AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA    VIJAYARAGHAVAN V
                                &
            THE HONOURABLE MRS. JUSTICE    SOPHY THOMAS
     TUESDAY, THE 10TH DAY OF MAY 2022 /   20TH VAISAKHA, 1944
                    WP(CRL.) NO. 390 OF    2022
PETITIONER:

         JITHU S.
         AGED 25 YEARS
         S/O.ALEX I,RESIDING AT HOUSE NO.C-17,
         GOVERNMENT QUARTERS, VIKAS
         BHAVAN,THIRUVANANTHAPURAM,PIN 695033

         BY ADV T.M.ABDUL LATIFF

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY,HOME
         DEPARTMENT,SECRETARIAT P.O,THIRUVANANTHAPURAM,

         PIN - 695001

    2    CIRCLE INSPECTOR OF POLICE
         FORT POLICE STATION, ATTUKULANGARA,
         CHALAI P.O.,THIRUVANANTHAPURAM,PIN - 695036

    3    R.JAYAKUMAR
         AGED 45 YEARS,TC NO.40/284, SPASRA-37,
         SECOND PUTHEN STREET, KALPAKANAYAKI TEMPLE, FORT
         MANAKKAD, MANAKKAD,
         THIRUVANANTHAPURAM, PIN-695009.

    4    JAYA
         W/O.R.JAYAKUMAR,AGED 40 YEARS,TC NO.40/284
         SPASRA-37,
         SECOND PUTHEN STREET, KALPAKANAYAKI TEMPLE, FORT
         MANAKKAD, MANAKKAD,
         THIRUVANANTHAPURAM, PIN 695009.


          SMT DEEPA N, GOVERNMENT PLEADER
 W.P.(Crl)390 of 2022
                               2

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl)390 of 2022
                                          3



                                 JUDGMENT

This petition under Article 226 of the Constitution of India is filed

contending that the alleged detenu, the daughter of the respondents 3 and 4, is

illegally confined by the parents against her wishes. The prayer in this petition is

for issuance of rule nisi to produce the alleged detenu before this Court and to

permit her to live according to her wishes, to marry the petitioner and to stay

along with him if she so chooses.

2. Pursuant to the directions issued by this Court, the alleged detenu

along with her parents are present before this Court. The petitioner is also

present.

3. We have interacted with the alleged detenu, her parents and also

the petitioner in our chamber. Having carried out a close interaction to judicial

satisfaction, we are satisfied that the alleged detenu is not in illegal detention.

4. We may note at this juncture that we have had a fruitful

deliberation with the parties involved in this matter. The alleged detenu is aged

21 years and the petitioner is aged 25 years. The alleged detenu and the

petitioner appear to be in intimate cordiality at the moment. The alleged detenu

disclosed before us that she has understood that she needs to pursue her

education so that she may be in a position to stand by herself. She also pointed W.P.(Crl)390 of 2022

out that the petitioner is unemployed at the moment and it would not be in the

best interest of both of them to leave their family and set up a life together at

this juncture. She also disclosed that she wants to focus on her studies and her

ultimate aim is to join the Civil Services. The parents of the alleged detenu have

assured us that the alleged detenu shall be taken care of with all love and

affection and that they shall not act against her interest or force her into any

marriage without her consent. They have also assured us that they shall not in

any way curtail the freedom of the alleged detenu or impose any restrictions on

her right to choose. We record the statement of the parents of the alleged

detenu and with that, the alleged detenu has expressed her desire to go with

her parents.

5. Recording the above undertaking given by the alleged detenu as

well as the parents, this petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

SOPHY THOMAS JUDGE

avs W.P.(Crl)390 of 2022

APPENDIX OF WP(CRL.) 390/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY ADHITHYA JAYAKUMAR BEFORE THE FORT POLICE STATION DATED 09.04.2022.

Exhibit P2 TRUE COPY OF THE ID CARD NO.YUC9598129 ISSUED BY ELECTION COMMISSION OF INDIA IN THE NAME OF ADHITHYA JAYAKUMAR.