Mohanan, J The petitioner, who claimed to be a student of Diploma in Automobile Engineering and who is said to have running a Travels at Kakkanad in partnership with his cousin, preferred this petition under Article 226 of the Constitution of India, alleging that one Kum. Anju is under the illegal confinement of her father, respondent No.3 and consequently prayed to issue a writ of habeas corpus directing the respondents to produce the detenue, Kum. Anju, before this Court and to set her at liberty.
2. While admitting the above writ petition and issuing notice to the 3rd respondent by the order dated 18/11/2014, we directed the 3rd respondent to produce the detenue, daughter of the 3rd respondent, before this Court on this date and the respondents 1 and 2 were directed to see that the 3rd respondent has complied with the above direction. Thus, when the matter is Wp(Crl).470/14-S :2:
taken up today, the detenue is produced.
3. We have interacted with Kum. Anju, who is aged 19 years and studying for II year B.Com. degree in GTIMS, Infopark, Kakkanad. We have also interacted with the 3rd respondent and his wife as well as with the petitioner. We have also heard the learned counsel appearing for the petitioner and the 3rd respondent.
4. During our interaction with the detenue and with the petitioner, we are told by them that they were in love for the last several years. The 3rd respondent and his wife deposed before us that though they were aware of the acquaintance between their daughter and petitioner, they realised that the petitioner and their daughter were in love only now. The 3rd respondent was fair enough to submit before us that he will not stand in the way of his daughter since he is only interested for her better future and welfare. However, the detenue submitted before us that the relatives of her family members are against the affair between herself and the petitioner and, therefore, there is every chance to compel her for a marriage with another person against her will and desire. Therefore, the detenue Wp(Crl).470/14-S :3:
deposed before us in the presence of her father that she wants to go along with the petitioner and not interested to go to her house.
5. In view of the stand of the detenue, we are of the opinion that it is not proper for this Court to send her along with the 3rd respondent, her father, because, according to the detenue, the situation in her house is against her wish and will and particularly when the detenue - a major educated girl - wanted to go along with the petitioner.
6. In the result, we allow this petition, permitting the detenue, Kum. Anju, to go according to her will and wish and she is at liberty to go along with the petitioner.
This writ petition is allowed accordingly.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.