AJITH GOPINATH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, Ajith Gopinath, is stated to be employed in the Indian Air Force as Radar Fitter. He possessed the qualification of B.Sc. Degree and Diploma in Electronics. According to him, he studied the degree course at Bishop Moore College at Mavelikkara and during his college days he fell in love with one Syama, daughter of the 6th respondent and later he married her. He has also produced Ext.P1 to show that Syama is a major and her date of birth is 31/5/1982. Ext.P2 is a certificate issued by the Travancore Devaswom Board evidencing the marriage of the petitioner with Syama, aged 23, on 14/7/2005 at Ramapuram Devi Temple. It is also stated that after the marriage, they have lived together as husband and wife. It is the case of the petitioner that the 6th respondent, father of the girl, raged with fury, locked up her in a room on getting information about the marriage. On coming to know of the same, a complaint was lodged before the 5th respondent as per Ext.P4. But the 5th respondent did not take any action. Hence, this writ petition is filed inter alia seeking to issue a writ of habeas corpus to cause production of the body of Syama, who is alleged to have been detained by the 6th respondent, and to set her free. Pursuant to the direction issued, the 6th respondent produced the alleged detenu, Syama before us. The 6th respondent as well as the petitioner appeared. We inter acted with the alleged detenu and also with her father, the petitioner, and his relatives at some length so as to gather as to whether Syama is a free person and she is in the custody of the 6th respondent against her free will. Based on the inter action with Syama, we understand that she desires to go with her husband. She admits the fact that she has married the petitioner.

(2.) Though a counter affidavit is filed by the 6th respondent denying the allegations contained in the writ petition, in the light of the answers given by the girl, Syama, it is to be found that she being a major, she is entitled to decide her choice with with whom she should go and she desires to go with her husband. Petitioner's father's brothers, who were also presented before this Court, submitted that they are prepared to accept the girl and if the girl desires, they will take her to their home. We also understand from Syama that she came to her parents with the intention that her parents may at a later day accept her marriage with that of the petitioner. However, as the matter stands, her parents are not willing; but the girl wants to go with the petitioner, who has married the girl, Syama.

(3.) In the circumstances, being a major, she is set free. Writ Petition is disposed of as above.