AJITH KUMAR V.S. Vs. SASI A.K.

JUDGEMENT

(1.) This writ petition has been filed on the allegation that the alleged detenue, his wife, by name, Akshaya, aged 24 years, is under the unlawful detention of the first respondent. According to the petitioner, their marriage was solemnised in accordance with the religious rights and ceremonies on 24.02.2020 by Ext.P1. Thereafter, the same was registered in accordance with Kerala Registration of Marriages (Common) Rules, 2008 by Ext.P2. The petitioner and the detenue were in love and eventually that culminated in marriage. Initially, the first respondent, the father of the detenue, opposed the said marriage. When they came to know that the first respondent will not give the detenue in marriage to the petitioner, they themselves have solemnised the marriage.

(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 her marriage was solemnized in accordance with the religious rights and ceremonies under Ext.P1 and, thereafter, the same was registered under Ext.P2. She agreed with the averments in the writ petition that, initially the first respondent opposed the marriage and thereafter he made them to believe that the detenue will be given in marriage to the petitioner. On believing the assurance made by the father, she went to her parental home. But, thereafter, she was not allowed to go back or to resume cohabitation with the petitioner herein. The detenue unequivocally states that she wants to resume cohabitation with the petitioner at the earliest and she does not want to go and live along with the first respondent in her parental home.

(3.) In view of the statement made before us, we find that the detenue is under the unlawful detention of the first respondent herein. The detenue, being a major, aged 24 years, has the capacity to exercise her intelligent preference and she decided to get married with the petitioner and the marriage was solemnised in accordance with law. Therefore, she has the right to live along with the petitioner in matrimony. Nobody has any kind of right to cause obstruction or threat to the free and independent life of the detenue. The detenue is set at liberty to go and live along with the petitioner to resume cohabitation with the petitioner.