LAWS(KER)-2020-3-491

LISSY Vs. STATE POLICE CHIEF KERALA

Decided On March 09, 2020
LISSY Appellant
V/S
State Police Chief Kerala Respondents

JUDGEMENT

(1.) The petitioner herein is the mother of the alleged detenue and this writ petition has been filed on the allegation that her daughter, by name, Anju aged 19 years, was kidnapped by respondents 4 to 6 and, thereafter, she is under the unlawful detention of respondents 4 to 6. It is also averred that the detenue is a married woman and her husband is working abroad. Further it is alleged that the detenue has taken away 30 sovereigns of gold ornaments and Rs.1,00,000/- along with her. Hence, the petitioner prayed for an order releasing the detenue from the unlawful detention of respondents 4 to 6.

(2.) Pursuant to the interim order of this Court dated 05.03.2020, the detenue has been produced before this Court and we have interacted with the detenue. The detenue admitted that she is a married woman and her husband is working abroad. But, according to her, her marriage was solemnized against her will and wish and she does not want to continue her marital relationship with her husband. So, she left the matrimonial home and, thereafter, she was living along with the petitioner herein. While so, she fell in love with the 4th respondent and eventually she eloped with the 4th respondent on 14.02.2020 on her own volition. Thereafter, she has been living along with the 4th respondent in his house. She emphatically denied the allegation that she is under the unlawful detention of respondents 4 to 6. According to her, they have not imposed any kind of restrictions on her free and independent life. She is desirous of living together with the 4 th respondent and she does not want to go and live along with the petitioner herein.

(3.) The detenue being a major, has the right to move freely and independently. Nobody has any kind of right to cause obstruction to her free and independent life. If her husband is aggrieved by the denial of conjugal right, he is at liberty to seek appropriate remedies in accordance with law.