Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents.

A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik T said “The concerned Police are directed to hand over the detenue to the custody of respondent no.6 forthwith.”

The court also took on record the voluntary undertaking filed by the husband wherein he undertakes to care of the safety, welfare and education of the detenue.

The mother had approached the court seeking directions to the respondents police to produce the detenue from the custody of the sixth respondent, before this court. Following which on 07.05.2024, this court directed the sixth respondent to produce the detenue before this court on 09.05.2024. Accordingly, the learned counsel for respondent no.6 undertook to produce the detenue before this court on 09.05.2024.

On being produced and on enquiry being made by the court the detenue submitted that she is not willing to go back with her mother. Thus the court recorded her statment in-camera in the presence of the Deputy Secretary, Juvenile Justice Committee, High Court of Karnataka.

The court said “As per the interaction held with the detenue, presently she is staying with respondent no.6 at Kerala and her marriage was solemnised with the respondent no.6 on 01.04.2024. She is pursuing her II Year B.Com at P.E.S.College, Bengaluru and she is independent to take decisions on her own. Further, she voluntarily left her parental house and presently resides with respondent no.6 and she is not facing any coercion or undue influence either by respondent no.6 or anybody else.”

Accordingly, the court held “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.”

Appearance: Advocate Channakrishna for Advocate Srihari A.V for Petitioner.

HCGP Thejesh P a/w Advocate N. Anitha Girish FOR R-1 TO R-5 AND R-7.

Advocate Gaurav Ramakrishna FOR R-6

Citation No: 2024 LiveLaw (Kar) 229

Case Title: ABC AND State of Karnataka & Others

Case No: WRIT PETITION (H C) NO.41 OF 2024

Click Here To Read/Download Order