LAWS(KER)-2019-4-4

DEEPTHI CYRIAC Vs. STATE OF KERALA,

Decided On April 03, 2019
Deepthi Cyriac Appellant
V/S
STATE OF KERALA, Respondents

JUDGEMENT

(1.) In compliance with the order of this Court dated 29.03.2019, the alleged detenue has been produced before this Court and we have interacted with her. She has, unequivocally, stated before us that the allegations in the writ petition are absolutely false. Now, she is the wife of the 5th respondent and their marriage was solemnized in accordance with the religious customary rites of the detenue, after conversion of the 5th respondent to Christianity and they are living together as husband and wife. Further, she is not under the unlawful detention of the 5 th respondent. In addition to the customary marriage, they have already taken steps to register their marriage in accordance with the Special Marriage Act on 07.03.2019 and the marriage will be registered after the expiry of the statutory period of one month. Now, they are living together in the house of 5th respondent at Marayoor.

(2.) In view of the submission made before us, we are satisfied that the alleged detenue is not under the illegal detention of the 5 th respondent as alleged by the petitioner. The detenue is aged 26 years and she passed MBBS Course from Amala Medical College, Thrissur. She has the right to live as she likes. She has further complained that the petitioner and the close relatives of her deceased father are making obstructions and causing threat to the peaceful life of the detenue with the 5th respondent. Now, they are residing within the jurisdictional area of Marayoor Police Station. In view of the submission made before us, it is made clear that the detenue is at liberty to seek police assistance from the Sub Inspector of Marayoor Police Station, in case of any physical threat to them. In that event, the Sub Inspector, Marayoor Police Station, Idukki District shall afford sufficient police protection to the detenue to live along with the 5th respondent peacefully and comfortably. With the above observations, this writ petition is dismissed. Hand over a copy of the judgment to the learned Government Pleader.