SABU K.ELIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner filed this Writ Petition alleging that his daughter Renu Merin Sabu, aged 18 years, a plus two student, is being illegally detained by the 4th respondent since 10/02/2014. Considering the above allegations, this Court on 17/02/2014 ordered production of the detenue before us. Accordingly, the detenue was produced before us today. We interacted with the detenue and in answer to our questions, she told us that she left with the 4th respondent voluntarily and that she and the 4th respondent got married on 19/02/2014. The counsel appearing for the 4th respondent also submitted that the marriage was registered before the Registrar (Nedumudi Grama Panchayat) under the Kerala Registration of Marriages (Common) Rules, 2008. The certificate of marriage dated 20/02/2014 was also made available for our perusal.

(2.) The disclosure made by the detenue shows that the petitioner's allegation that his daughter was forcibly taken by the 4th respondent and that she is being illegally detained by him are incorrect. If that be so, the Writ Petition with the prayer for a writ of habeas corpus cannot be entertained and is therefore dismissed. According to us, the marriage allegedly solemnised on 19/02/2014 between the parties is not legally a valid one. When this was indicated to the counsel for the 4th respondent, he has undertaken before us that necessary action will be taken to get the marriage between the 4th respondent and the detenue registered under the Special Marriage Act. We record the said submission.