SUNITHA Vs. CIRCLE INSPECTOR OF POLICE AND ORS.

JUDGEMENT

(1.) PETITIONER is the mother of the alleged detenue, Miss. Radhika. Averments in the writ petition is that the alleged detenue is aged only 17 years and she is abducted and kept under illegal detention by 3rd respondent at some unknown places. With respect to missing of the alleged detenue, the 2nd respondent had registered Ext.P2, Crime No. 760/2015 under Section 57 of the Kerala Police Act. Based on the allegation that, the alleged detenue is being illegally detained by the 3rd respondent and that the respondents 1 and 2 are not taking effective steps to release her, this petition is filed seeking the writ of Habeas Corpus for directing production of the alleged detenue and to set at her at liberty.

(2.) PURSUANT to notice issued from this Court, the 2nd respondent produced the alleged detenue before this court on 27.07.2015. It is stated that she had surrendered before the Judicial First Class Magistrate Court, Neyyattinkara on 22.07.2015 and she appeared before the 2nd respondent on the next day as instructed by the learned Magistrate. The 2nd respondent had recorded her statement and accommodated her at 'Nirbhaya' Shelter Home, Poojappura, Thiruvananthapuram. Thereafter, she was produced before this Court on 27.07.2015.

(3.) WHEN we interacted with the alleged detenue, she said that she had left her parental house and is living along with the 3rd respondent, based on the marriage solemnised on 21.07.2015. She expressed desire to go along with the 3rd respondent and to live with him as husband and wife. But this Court noticed that the marriage alleged to have solemnised under the religious rites has not been registered. Therefore we directed the 3rd respondent to complete the formalities of registration of the marriage under the Kerala Registration of Marriages (Common) Rules, 2008. We were not inclined to send the alleged detenue with the 3rd respondent, till then. Therefore, the 2nd respondent was directed to readmit the alleged detenue at the 'Nirbhaya' Shelter Home, Poojappura itself. The alleged detenue as well as the 3rd respondent were given permission to take necessary steps to complete the formalities with respect to registration of the marriage.