Mohanan,J:
The petitioner, who is the father of one A.S.Teena preferred this writ petition under Article 226 of the Constitution of India, alleging that his daughter is illegally detained by respondents 4 to 7 and hence prayed to issue a writ of habeas corpus or other writ, order or direction commanding the respondents to produce the body of the petitioner's daughter Ms.Teena.A.S. before this Court and set her at liberty.
2. When the above writ petition is admitted, this Court issued direction to respondents 4 to 7 to be present in this Court along with the detenue and the first respondent is directed to see that the girl is produced before this Court. Though the above case was posted on 25.9.2014,1.10.2014 and on 14.10.2014, the detenue could not be traced out. Thus, by order dated 14.10.2014, we directed the third respondent/City Police Commissioner, Kollam to file a statement by himself showing the steps taken in terms of the order passed by this Court on 1.10.2014 and he is also directed to strengthen the investigation in the mean while.
3. Subsequently, on 17.10.2014 in the morning session of this Court, the learned Government Pleader submitted before us that the detenue is traced out and being produced before this Court. Consequently, though there was no posting in this Court on that day, on the basis of the submission made by the learned Government Pleader, this case was taken and after interaction with the detenue as well as the wife of the petitioner/the mother of the detenue, we have passed a detailed order on the basis of which, the Chairman, Child Welfare Committee, Kollam is impleaded as additional eighth respondent ad it is further directed as follows:-
“........... the S.I.of Police,Kilikolloor Police Station, the first respondent and the eighth respondent, the Chairman, the Child Welfare Committee, Kollam are directed to make arrangement to accommodate the detenue in the Mahilamandiram, Kollam and respondents 1 and 8 are directed to produce a copy of this order before the authority concerned at Mahilamandiram,Kollam. The eighth respondent is directed to see that the detenue, if interested, can continue her studies in the aforesaid school or in any other school. The petitioner is directed to meet the expenses, if any, including for the study of the detenue through the Chairman, the Child Welfare Committee, Kollam or the Superintendent, Mahilamandiram, Kollam. The parents of the detenue are free to visit the detenue in the Mahilamandiram, Kollam once in a week in the presence of the Chairman, the Child Welfare Committee, Kollam or the Superintendent, Mahilamandiram, Kollam, as per the time schedule which may be fixed by the said Superintendent. Similarly, the detenue is also permitted to meet respondents 4 to 7, once in a week, if the detenue so desires, that too, in the presence of the Superintendent, Mahilamandiram, Kollam as per the time schedule fixed by the said officer once in a week. The first respondent is directed to take the detenue to Kollam and entrust her with the Superintendent, Mahilamandiram, Kollam, who is also directed to contact the Chairman, the Child Welfare Committee, Kollam in advance so as to enable him to be present when the detenue being entrusted with the Superintendent ”
4. Thus, in terms of the order dated 17.11.2014, the detenue is again produced before us and when we interacted with her, she deposed before us that she wants to go along with the petitioner/her father and to reside along with her parents in her house and she wants to complete her studies. She has also deposed before us that during her stay in Mahilamandiram at Kollam, her parents visited her five or six occasions and the mother of the fourth respondent, who is the sixth respondent herein, has also visited her and she had advised her to go along with the petitioner and to complete the studies and thereafter, the marriage can be conducted. Thereafter, we had interacted with the petitioner, the father of the detenue, who fairly submitted before us that he is fully aware of the legal position and the consequence of the issue involved in this case.
5. In the light of the subsequent development which we referred above, we are of the view that this writ petition can be closed, especially when the detenue is not under the illegal custody of anybody and she can be sent along with the petitioner, who is her natural guardian. At the very same time, it is absolutely inevitable to refer that the detenue, though she is minor at this stage, expressed her desire to have a marital relationship with the fourth respondent. Therefore, the petitioner and his wife are directed that on attaining marital age, the detenue shall not be compelled or forced to marry any person against her will and desire. In this juncture, it is relevant to recall that the detenue eloped along with the fourth respondent for the second time. So, it is advisable that the petitioner and his wife shall render all assistance to their daughter, the detenue herein for completing her studies with parental obligation, love and care. As the detenue, who is a minor, now wants to go along with the petitioner and as such, she is not under the illegal custody of anybody, this writ petition (Crl.) is closed.
V.K.MOHANAN, Judge MBS/ K.HARILAL,Judge