Adults have the liberty to choose their partners for marriage according to their will

Kerala High Court: In a yet another case, where young couple were receiving threats after the disclosure of their love and intention to marry each other irrespective of their different religion, a bench of V.K. Mohanan and P.D. Rajan JJ ordered for the release of detenu from the illegal confinement of the respondent, and provided helping hand to the young couple to get married through a legal route.

In the instant case, the petitioner (a lover) contended that he and the detenu were in love for the last several years and decided to marry each other, which was highly objected by the respondent (detenu’s father), and thereafter she was kept under illegal custody of the respondent. The petitioner therefore prayed to issue a writ of Habeas Corpus or any other order, writ or direction, issuing rule nisi against the respondent to set the detenu at liberty.

The Court ordered the respondent to produce the detenu before the Court. After interaction with the detenu, the Court via order dated 28-01-2015 provided a helping hand to the young couple and permitted the petitioner to take the detenu to register their marriage in the office of Marriage Officer and directed the petitioner to produce the marriage certificate before this Court.

On 30-01-2015, both the detenu and the petitioner appeared before the Court with a photocopy of the marriage certificate issued from the Marriage Officer. The Court after full satisfaction that the detenu is now a legally wedded wife of the petitioner and is at liberty to go according to her desire and decision, provided police protection to the young couple and ensured that she is not under illegal confinement of anybody. Sanshil T.S. v. Sub-Inspector of Police, 2015 SCC OnLine Ker 842, decided on 30-01-2015

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