RUKMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the mother of a girl aged 18 years, named Chelsiya Motilal(hereinafter referred to as 'the alleged detenue'). The above writ petition is filed seeking direction from this court to command production of the alleged detenue and to release her from the alleged illegal custody of the 5 th respondent.

(2.) It is stated in the writ petition that, the alleged detenue was living in her parental house along with the petitioner, her father and two siblings. It is stated that the alleged detenue had joined as an employee in a 'Fast Food Shop' at Ernakulam, after completing her plus two course. But she was seen missing since 22.04.2018. Based on a complaint lodged by the sister of the alleged detenue, a case was registered by the 4th respondent as Crime No.561/2018, under Section 57 of the Kerala Police Act. It is stated that, the 5 th had respondent produced the alleged detenue before the 4 th respondent on the next day, i.e. on 23.04.2018. But the 4 th respondent had not allowed the petitioner and her family members to interact with the alleged detenue. On the other hand, he permitted the 5th respondent to take away the alleged detenue along with her, is the allegation. On the next day, the alleged detenue had filed Ext.P2 complaint before the Judicial First Magistrate's Court, Ernakulam against the petitioner and other family members, under Section 12 of the Protection of Woman from Domestic Violence Act. The allegation in the complaint is that, the respondents therein have fixed the marriage of the alleged detenue with a man having the age of 40 years, who had already married four times. The petitioner alleges that, the 5th respondent is hiding the alleged detenue with the connivance of the 4th respondent, at some unknown place, under illegal custody against her free will. Under such circumstances the above writ petition is filed seeking the relief as mentioned above.

(3.) On receipt of notice issued from this court, the 5 th respondent appeared through counsel and produced the alleged detenue before this court on today. When we interacted with the alleged detenue, she said that she had completed the age of 18 years, her date of birth being 14.04.2000. According to her, the 5th respondent is her family friend and the alleged detenue had gone along with the 5 th respondent on 22.04.2018. According to her, since she left her parental home, she was living in the house of the 5th respondent along with the 5th respondent's son and his family consisting of his wife and two children. She said that she appeared before the 4 th respondent on 22.04.2018 and she was produced before the Magistrate on that day in the case registered with respect of her missing. The learned Magistrate had set her at liberty to go along with 5 th respondent. She said that, she was pregnant when she had left her parental home, out of the relationship with the 5 th respondent's son. It is said that, she had delivered a child on 01.10.2018. Now she along with the child is living in the 5 th respondent's house. According to the alleged detenue, she is now staying in the house of the 5 th respondent on her own wish and will. She had emphatically denied the allegations of illegal detention by the 5th respondent. She is not ready and willing to go back to her parental home or to join the petitioner herein.