The High Court permitted the petitioner to take his adult daughter Rafeena with him, noting her willingness to leave the fifth respondent while she waits for the respondent to attain the age of 21 for marriage.
Petitioner permitted to take petitioner-daughter with him subject to undertaking regarding place of custody and study.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 21ST DAY OF MAY 2012/31ST VAISAKHA 1934
WP(Crl.).No. 123 of 2012 (S)
PETITIONER(S):
KALANTHAN K.K.,
AGED 55 YEARS,S/O. AMMED (LATE), CHELLATTAN VEETTIL, KEZHARIYUR P.O. KOYILANDY VIA, KOZHIKODE DISTRICT.
BY ADV. SRI.DEVAPRASANTH.P.J.
RESPONDENT(S):
MAVELIKKARA, PIN - 690 101.
HOME DEPARTMENT, GOVERNMENT SECRTARIAT, THIRUVANANTHAPURAM, PIN 695 001.
(FATHER'S NAME NOT KNOWN TO THE PETITIONER) “THIRUVONAM” KARIMTHOTTUVA P.O., KOLLAM, PIN 691 003.
S/O. JAYA PRASAD “THIRUVONAM”, KARIMTHOTTUVA P.O. KOLLAM, PIN 691 003.
BY ADV. SRI.V.TEKCHAND BY ADV. SRI.TOM JOSE PADINJAREKKARA, ADDL.DGP BY GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
W.P.(Crl.) No.123 of 2012
Dated this the 21st day of May, 2012
JUDGMENT
Sankaran, J.
The petitioner alleges that his daughter Rafeena is under the illegal custody of the fifth respondent. This Court passed various interim orders and the daughter of the petitioner was directed to stay in a hostel. Today, the petitioner and respondents 4 and 5 are present. We interacted with all of them. The petitioner stated that he is prepared to take his daughter (Rafeena) along with him. Rafeena, the alleged detenue, stated that she would like to go with the fifth respondent. Rafeena has attained majority and she is aged 19 years. Akhil Prasad (Fifth respondent) has not attained the age of 21 years and therefore, he cannot contract a legal marriage with Rafeena under the Special Marriage Act.
W.P.(Crl) No.123 of 2012
2
own decision. The petitioner stated that he will not compel Rafeena to marry any other person against her wish. The petitioner also undertakes that Rafeena will not be taken to any other place other than the residence of the petitioner and other places for continuing her studies within the State of Kerala. It is also agreed by the petitioner that if after the fifth respondent attains the age of 21 years, Rafeena is inclined to marry him, the petitioner would not stand in the way of their marriage being solemnised in accordance with law.
In the facts and circumstances, the petitioner is permitted to take Rafeena.K.K. with him for the present subject to the aforesaid undertaking and stipulations. Necessary police help will
W.P.(Crl) No.123 of 2012
3
be provided to the petitioner to take his daughter with him. The
Writ Petition is accordingly closed.
K.T.SANKARAN JUDGE
M.L.JOSEPH FRANCIS JUDGE
csl
3 issues framed by the court
Whether a parent can retrieve custody of an adult daughter allegedly held for marriage purposes
Whether the daughter wishes to go with the petitioner or the fifth respondent
Whether any undertaking is required for the petitioner to take the daughter for custody
Kalanthan K.K.
State of Kerala
Akhil Prasad
Rafeena K.K.
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
