BINU KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the father of Ms. Thushara, a girl aged 19 years. The petitioner has averred that ever since 10.4.2017 his daughter whose date of birth is 27.10.1997, is missing. He has further averred that she is in the illegal custody of the fourth respondent, that on a complaint filed by him before the third respondent, Crime No.645 of 2017 of Vattiyoorkavu Police Station was registered, but no effective investigation has been conducted in the matter. He has in this writ petition prayed for a writ of habeas corpus commanding respondents 1 to 3 to trace out and produce his daughter in this court.

(2.) This writ petition was admitted on 25.4.2017 and notice ordered to respondents 4 and 5 by special messenger. On that day, this court also directed respondents 1 to 3 to trace out and produce the petitioner's daughter in this court. Today, when the writ petition was taken up, the petitioner and his wife Smt. Sreeja were present. Respondents 4 and 5 were also present. The Sub Inspector of Police, Vattiyoorkavu Police Station produced the detenue in this court. We interacted with the detenue, her parents as also respondents 4 and 5. To a query from us to the fourth respondent as to whether he has completed the age of 21 years, the fourth respondent informed that his date of birth is 30.5.1997. He also handed over to us the original of his driving licence No.21/7751/2015 issued by the licensing authority at Nedumangad on 5.9.2015. The said driving licence discloses that the fourth respondent's date of birth is 30.5.1997. The detenue as well as the fourth respondent stated that their marriage was solemnised on 12.4.2017 at Chakkulathukavu Bhagavathi Temple. Certain photographs were also handed over to us. The fourth respondent stated that he did not entice away the petitioner's daughter and she voluntarily left with him.

(3.) It is evident from the materials before us that the fourth respondent is not of marriageable age. The fourth respondent will attain the age of 21 years only on 30.5.2018. Such being the situation, it cannot be said that the petitioner's daughter is the lawfully wedded wife of the fourth respondent. Apart from the photographs and the statement made before us, there is no evidence to show that a valid marriage was solemnised between the parties. A certificate issued by the local authority under the Kerala Registration of Marriages (Common) Rules, 2008 is also not produced. Such being the situation, the fourth respondent cannot stand in the way of the petitioner having custody of his daughter.