HC Grants Police Protection to 18 yr Girl from 'Lover' with whom she Eloped disregarding Wishes of Parents [Case Law]
Free thought and independent action has its significance in the advancement of human communities; but the pitfalls of life cannot be ignored and the role of parents in guiding young minds; though having attained the legal age of majority cannot be discounted. We as a society err in confusing maturity with majority.
IN
THE HIGH COURT OF KERALA AT ERNAKULAM
K.VINOD CHANDRAN & ASHOK MENON, JJ.
WP(C) No.15192 of 2018
Dated this the 13th day of June, 2018
XXX
BY ADVS.SRI.SHABU SREEDHARAN SRI.P.R.VIBHU SMT.NIDHI RAVINDRAN SRI.M.YOHANNAN SRI.D.THILAKAN SMT.RESHMA ABDUL RASHEED
RESPONDENT(S)
1. THE CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, KOZHIKODE - 673 004.
2.
THE SUB INSPECTOR OF POLICE BEYPORE POLICE STATION, KOZHIKODE 673 015.
3.
AKHIL.V
R1
& R2 BY ADV. SURESH BABU THOMAS, ADDL.DIRECTOR GENERAL OF PROSECUTION R1
& R2 BY SRI.P.P.THAJUDEEN, SR.GOVERNMENT PLEADER
J U D G M E N T
Vinod Chandran, J.
An
unfortunate incident, the cause of which is now prevalent in society, is
projected in this case. We are constrained to make some observations,
especially having been regularly faced with habeas corpus petitions and police
protection matters, where young girls in total disregard to their parents
wishes walk away with men with whom they say they have fallen in love. We have
frequently come across instances where the children produced before this Court
turn their backs on their own parents and even refuse to talk to them, after
having eloped with the man of their choice.
2. Here is a classic
case, which originated with a man missing complaint wherein the petitioner was found
missing from her home. A crime was registered, the details of which we do not
wish to disclose here for reason of our concern in divulging the identity of the
petitioner. The petitioner, an 18 year old student of B.A.(English literature),
who had been living with her father, mother and a married elder sister, fell in
love with her neighbour. On attaining the age of 18, it is averred that the
third respondent compelled her to elope with him. The parents concerned for the
daughter immediately filed a complaint before the police, upon which a man
missing case was registered. The
petitioner admits that she was produced before the jurisdictional Magistrate
before whom she voluntarily submitted that she should be allowed to go with the
third respondent. On 23.10.2017, the relatives of the third respondent took her
to Arya Samajam Centre, Kozhikkode and got her married to the third respondent. It
is further contended that though the initial days went off well, troubles
started immediately thereafter and the petitioner realised that her husband is
a drug addict and has absolutely no employment. The petitioner herself submits
that the third respondent is a driver and owns a jeep; but does not go for work
and has turned a ganja peddler for easy money. The petitioner in the short
period in which she was married to the third respondent suffered a miscarriage
due to the physical assault on her by the third respondent. The parents of the
third respondent cannot control him and themselves live in mortal fear. Now,
the petitioner is back with her parents, who willingly took her back. She has
now approached this Court with a request for police protection against the
third respondent with whom she fell in love and eloped disregarding the wishes
of her parents. We have to say this much, especially looking at the various
other instances which come before this Court and as responsible citizens as
also parents, we cannot but express our anguish. Free thought and independent
action has its significance in the advancement of human communities; but the
pitfalls of life cannot be ignored and the role of parents in guiding young
minds; though having attained the legal age of majority cannot be discounted.
We as a society err in confusing maturity with majority.
3.
That apart, we cannot ignore the apprehension of the petitioner, especially
looking at the various reports that come in the newspapers regarding marital discords
leading to assault and even murder of spouses, in-laws and innocent children.
The petitioner has filed the above Writ Petition showing the address at Kozhikode.
However, the learned Senior Government Pleader submits on instructions that on
enquiry there is nobody residing in the said address and the petitioner is said
to be now residing at Ernakulam. In any event, if the petitioner raises a
complaint before any of the Station House Officers in which jurisdiction the
petitioner is residing, the said Station House Officer shall immediately ensure
protection to the petitioner.
Registry
is directed to communicate a copy of this order to the District Police Chief,
Kozhikode City and Ernakulam City, who shall immediately communicate the directions
to the Station House Officers in their jurisdiction. The judgment shall be
uploaded in the Court website with the name and address of the petitioner shown
only as 'xxx'. The Registry however while communicating certified copy of the
judgment shall inform the name and address of the petitioner to the concerned
Police Chief who shall intimate it to the SHO's. The writ petition is allowed.