CHIPPY PREETHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has filed this writ petition for a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 5 to provide protection to the life and property of the petitioner from any assault, aggression or attack from the respondent Nos.6 to 11 and anybody under them.

(2.) Even the most loving, caring adoption ends with separation and loss, it has been said. The respondents 6 and 7 thought of adoption, naturally they thought of a girl child in need being welcomed with open arms as they longed for a child. However, the adoptive parents has undergone adoption related trauma and moral injury. Their dream to provide the adopted child with a happy family through adoption ends like a fairy tale. The following facts would reveal the same.

(3.) The petitioner is the adopted daughter of her parents, who is none other than respondents 6 and 7. Respondent Nos.8 and 9 are the cousin brothers of the petitioner. The petitioner passed out 'plus two' from the Kendriya Vidyalaya at Akulam in Thiruvanananthapuram with Home Science as the core subject. Thereafter, she had been pursuing her LLB course, doing first year at Alliance University of Law, Bangalore. Petitioner and respondent No.12 have been in love with each other since September, 2017. According to the petitioner, initially both families had agreed to the marriage between them. Subsequently, her parents had withdrawn from their words and hatched a conspiracy to get the petitioner's marriage with her mother's brother's son, who is more than 15 years older to her. According to her, during her childhood, the petitioner had been raped by the above person. However, being an adopted child, the adoptive parents did not love her or care her. Following the love affair, her parents turned hostile towards her and she was constrained to discontinue her studies. She underwent psychiatric treatment at KIMS hospital,Thiruvananthapuram and the doctor administered sedative medicines on her. Even though 12th respondent- her lover and his father made sincere attempts to escape her from the illegal confinement, the same did not yield to any positive result. They filed petition under Section 97 Cr.P.C. and also preferred a writ petition seeking habeas corpus to release the petitioner. Recently, the petitioner escaped from the illegal detention of her parents and found shelter at the residence of respondent No.12 and now, the petitioner is under the care and protection of his parents and relatives. The petitioner is now facing imminent threat to her life from respondents 6 to 11. Hence this writ petition is filed seeking appropriate direction to respondents 1 to 5 to render necessary protection to the petitioner's life and limb.