IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR.JUSTICE B.A.PATIL WRIT PETITION (HC) No.12/2019 BETWEEN:
SRI. HARIKRISHNA G A S/O LATE ANJANEYAPPA AGED ABOUT 25 YEARS, RESIDING AT CHILAKALANERPU VILLAGE, POST AND HOBLI CHINTAMANI TALUK CHICKBALLAPUR DISTRICT PIN-562101 (BY SRI.T.M.CHOWDA REDDY , ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE SUPERINTENDENT OF POLICE CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA PIN-562101 3. THE INSPECTOR OF POLICE CHINTHAMANI RURAL CIRCLE ...PETITIONER CHINTHAMANI, CHIKKABALLAPURA DISTRICT PIN-563125 4. THE SUB INSPECTOR OF POLICE KENCHARLAHALLI POLICE STATION KENCHARLAHALLI, CHINTAMANI TALUK CHIKKABALLAPURA PIN-563125 5. SRI KRISHNAPPA B K S/O CHIKKANARASAPPA AGED ABOUT 51 YEARS, MAJOR R/AT CHIKKALANERPU VILLAGE POST & HOBLI, CHINTHAMANI TALUK CHICKBALLAPUR DISTRICT PIN-563125 6. SPANDANA REHABILITATION CENTRE FOR WOMEN SUBSIDIARY UNIT OF ASHAKIRANA EDUCATION & REHABILITATION SOCIETY THIPPENAHALLI, GOWRIBIDANUR ROAD, CHICKBALLAPUR-562 101.
BY ITS SECRETARY.
... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1-R4) THIS W.P.(HC) IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE WIFE OF THE PETITIONER SMT. C. K. LAKSHMI BEFORE THIS HON'BLE COURT AND THIS HON'BLE COURT MAY BE PLEASED TO SEND HER ALONG WITH THE PETITIONER AND FURTHER DIRECT THE RESPONDENTS TO PAY COMPENSATION OF RS.10 LAKHS TO BOTH PETITIONER AND SMT. C.K. LAKSHMI IN THE ENDS OF JUSTICE.
THIS W.P.(HC) COMING ON FOR ORDERS THIS DAY, K.N. PHANEENDRA J, MADE THE FOLLOWING:-
ORDER The alleged Detenue - Smt.C.K.Lakshmi d/o Krishnappa w/o Harikrishna, is produced before the Court. Mother of the petitioner is also present. The Father, Mother and Cousin Brother of the Detenue are also present before the Court.
2. We have heard both the parties and also the learned counsel appearing for the petitioner and the learned AGA.
3. We have carefully perused the documents produced before the Court.
4. The learned Govt. Advocate has submitted before the Court that except the Birth Certificate of the Detenue, the other documents clearly disclose that she has already crossed 18 years. The Transfer Certificate issued by the Head Master, SLN High School, Chilakalanerpu in Chintamani Taluk, as per Annexure ‘A’ the S.S.L.C. Marks Card produced before the Court as per Annexure-B and Study Certificate as per Annexure-C and as well the Aadhar Card. All these documents clearly disclose that the date of birth of the Detenue was 10.06.2000 and therefore, as on 10.06.2018, she has already crossed 18 years.
5. The petitioner has also produced before this Court, the marriage invitation card which shows that, their marriage took place on 25.08.2018 in Tirupathi after the Detenue attained the age of majority. The Detenue, who is present before the Court also clearly admit and says that, she has married to the petitioner and she would like to go along with him and to lead a happy marital life. The mother of the petitioner is also present, who is also willingly submitted before this Court that she is willing to take the Detenue to her house and take care of her as her daughter-in-law.
6. Though the parents have stated that the Detenue is still aged 16 years, but they have produced only one document, i.e., the Birth Certificate which shows that the date of birth of the Detenue as 29.03.2002 but all the other documents which are authenticated in nature, are arising from the public offices, particularly, the S.S.L.C. Marks Card as well as the Transfer Certificate and the Study Certificate issued by the competent authority and moreover, the Aadhar Card which clearly discloses that the Detenue is aged more than 18 years. However, our opinion is tentative in nature. On the basis of materials on record, the parties i.e., the parents of the Detenue are at liberty to establish before the competent Court with regard to the particular age of the girl.
7. Under the above facts and circumstances of the case, when the Detenue has specifically stated that, she has not been kept under any illegal custody or unlawful custody by anybody, much less by the petitioner, in our opinion, marriage has already been taken place as per their version and the records disclose that the Detenue has already attained the age of majority. It is just and necessary and wise to give liberty to the Detenue to live along with her so called husband as per her wish.
8. The learned counsel for the petitioner submitted that, there is some life threat to the petitioner and to the Detenue and therefore, a direction may be issued to the competent police officer to give protection to the Detenue and the petitioner.
9. In view of the aforesaid submission, we are of the opinion that the protection if necessary, if the Detenue and the petitioner request for the same, the Superintendent of Police, Chickballapur is hereby directed to take appropriate steps in this regard to give protection, if necessary.
10. Under the above said circumstances, the Habeas Corpus petition does not survive for consideration. As the Detenue has not been in illegal or unlawful custody of anybody, she is ordered to be set at liberty. Hence, the following order:-
The petition is disposed of and the Detenue is ordered to be set at liberty and she is at liberty to go along with the petitioner as per her wish.
Sd/- JUDGE Sd/- JUDGE Srl.