Detenue Is Educated Employed Adult, Decision Was With A Free Will: Kerala HC Rescues Interfaith Govt Employee Couple Seeking To Marry Each Other
The Kerala High Court while coming to the rescue of two government employees in an interfaith relationship has directed to release the woman held in detention against her will. The man belonging to the Hindu community is serving as Lance Naik in the Indian Army while the woman belonging to the minority community is working with the Indian Railways. The Court had further directed the Circle Inspector of Police to provide necessary protection if the couple apprehends any threat to their lives. The bench in the order had observed, “…we are convinced that the detenue is an educated employed adult and that she has taken the decision to accompany the petitioner on her own free will”.
It is also to be noted that in the present case, the respondent-woman’s family opposed the relationship, however, the petitioner’s-the man’s family are in support and further stipulated that they are ready and willing to look after the detenue till the marriage is solemnized.
Consequentially, a bench of Justice Anu Sivaraman and Justice Viju Abraham noted, “we are of the opinion that she cannot be detained against her will. Sumayya Ajimal is, therefore, set at liberty to accompany the petitioner. The petitioner submits that all necessary steps to ensure her safety will be taken by him and his family. Necessary steps for conducting the marriage will also be taken by them. In case the petitioner or the detenue apprehend any threat to their lives or well-being from any quarters, they may inform the 3rd respondent, who shall afford necessary protection to the lives of the petitioner, the detenue and the family members of the petitioner, as found necessary”.
Advocate Navaneeth N. Nath appeared for the petitioner and GP P.M.Shameer appeared for the respondent.
In the pertinent matter, the detenue had stated that she is being pressurized to give up her relationship with the petitioner by her father, mother and other relatives, however, she did not intend to do so. She had further clearly expressed her intention to accompany the petitioner and had stated that they are intending to get married and to live together as husband and wife.
It is also to be noted that the petitioner had stated that they intend to give notice of an intended marriage under the Special Marriage Act the next day of the hearing itself at the Office of the concerned Registrar of Marriages. Further stipulated that the family of the petitioner is ready and willing to look after the detenue till the marriage is solemnized.
While the respondent-detenu had also submitted that she is ready to give all the personal effects including her certificates so that she can accompany the petitioner and that they do not intend to hold her forcibly against her wishes.
Accordingly, the bench disposed of the writ petition.
Cause Title: Arjun Rajasekhar v. Director General Of Police (Law & Order) [Neutral Citation Number: 2023:KER:58710]
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