She Is Major & Not Willing To Go With Mother: Karnataka HC Closes Habeas Corpus Plea In Inter-Faith Marriage Case

The Bench disposed of a habeas corpus petition filed by the mother of the detenue (daughter of the petitioner), seeking the release of her daughter from the custody of a man she had married, who was of a different religion.

A Division Bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik T observed, “In view of detenue produced before the court and she decline to go with her mother and the fact that detenue is a major and studying in II Year B.Com and that her marriage is performed with respondent no.6, no further adjudication is called for in the matter. Accordingly, recording the above observation and report of the Deputy Secretary, Juvenile Justice Committee, High Court of Karnataka, Bengaluru, the proceedings are closed.”

Advocate Channakrishna represented the petitioner, while H.C.G.P. Thejesh P. appeared for the respondents.

The mother of the detenue had filed a habeas corpus petition under Article 226 of the Constitution requesting the Court to direct the police to produce her daughter and potentially transfer the investigation of the alleged crime from the local police station to the Central Bureau of Investigation (CBI).

Upon in-camera interaction, the detenue, a second-year B.Com student affirmed that she voluntarily left her parental home and married a man from another faith. The detenue stated that she was not under any coercion or undue influence and expressed her decision to stay with her husband.

“The detenue submits that she is pursuing her II Year B.Com at P.E.S.College, Bengaluru and she is independent to take decision on her own. She further submits that she voluntarily left her parental house and presently residing with respondent no.6. She also submits that she is not facing any coercion or undue influence either by respondent no.6 or anybody else. Further, she does not have any intention of going back to her parents,” the Court noted.

Consequently, the Bench directed the Police to hand over the detenue to the custody of her husband holding that being an adult, the detenue was free to make her own decisions.

Accordingly, the High Court disposed of the petition.

Cause Title: X v. The State of Karnataka & Ors. (Neutral Citation: 2024:KHC:17161-DB)

Appearance:

Petitioner: Advocates Channakrishna and Srihari A.V.

Respondents: H.C.G.P. Thejesh P. and N. Anitha Girish; Advocate Gaurav Ramakrishna

Click here to read/download the Judgment