BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This judgment must be read in continuation of the earlier order passed by us on 01.10.2010. Today when the case is called, the petitioner is present. The alleged detenue has also come to Court along with the petitioner. The petitioner now accepts that the correct date of birth of the alleged detenue is 23.05.1992 as shown in the birth register issued by the Registrar of Birth and Death of Varkala Municipality, Trivandrum. On that aspect, there is no dispute between the parties now. The alleged detenue asserted before us last time that she wants to return along with the petitioner herein. The learned counsel for the 6th respondent submits that the 6th respondent is himself a person below the age of 21 years and he is not legally competent to enter matrimony now. The learned counsel for the 6th respondent wants it to be recorded that the 6th respondent has not ever detained the alleged detenue against her wishes. That submission is recorded.

(2.) The alleged detenue, when she came to Court on 01.10.2010 stated that she wants to return along with the petitioner, her father. It was accordingly that she was sent back on 01.10.2010 along with her parents. Today she states before us that she sticks to her decision that she wants to return along with her parents. The learned counsel for the 6th respondent submits that if that is the desire of the alleged detenue, the 6th respondent does not want to raise any objection.

(3.) We are now satisfied that the alleged detenue wants to return along with her parents. We permit her to do so. She, it is now conceded at all hands, has crossed the age of 18 years. We respect the decisional autonomy of the alleged detenue and are persuaded to grant her permission to return from Court along with her parents.