Kerala High Court Comes To Aid Of Interfaith Couple, Both Employed With Govt

The Kerala High Court on Tuesday came to the aid of a Lance Naik in the Indian Army and an employee of the Indian Railways, seeking to marry each other. Their interfaith relationship was being opposed by the woman's family.

The Division Bench comprising Justice Anu Sivaraman and Justice Viju Abraham ordered that the woman could not be detained against her will, and thereby directed her release. The man's family said it would take necessary steps for ensuring the safety of the detenue.

The petitioner had approached the High Court averring that he had been in a relationship with the detenue for the past three and half years, and had decided to get married. However, he alleged that the parents of the detenue expressed their reluctance towards the same, pursuant to which the detenue allegedly informed the petitioner through various social media platforms that she was being threatened by her father with dire consequences and forced to end her relationship with the petitioner.

The petitioner further stated that the detenue had informed him that she was being kept under illegal restraint by her father and his acquaintances and accomplices, and requested the petitioner to initiate appropriate steps to resolve and safeguard her rights.

It was in such circumstances that the petitioner approached the High Court seeking the issuance of the writ of Habeas Corpus. 

The Court took note of the detenue's submission that she wished to accompany the petitioner, and intended to get married to him. The Court was also told by the petitioner that they intended to give notice of their marriage under the Special Marriage Act the very next day at the Office of the concerned Registrar of Marriages and added that his family was ready and willing to look after the detenue till the marriage was solemnized. 

The Court was informed by the father of the detenue that he was willing to give all the personal effects of the detenue including her certificates to her so that she could accompany the petitioner, and added that they did not intend to hold her forcibly against her wishes. 

"Having considered the contentions advanced and having heard the parties at length, 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," the Court observed. 

The Court also directed the Circle Inspector, Kanjirappally Police Station, to afford necessary protection to the lives of the petitioner, the detenue and the family members of the petitioner, in case of being informed by the petitioner or the detenue of any threat to their lives or well being from any quarters. 

Counsel for the Petitioner: Advocates Navaneeth N. Nath, Gautham Krishna E.J., and Abhirami S. 

Counsel for the Respondents: Government Pleader P.M. Shameer, and Afsalkhan V.S. 

Citation: 2023 LiveLaw (Ker) 536

Case Title: Arjun Rajasekhar v. Director General of Police (Law & Order) & Ors. 

Case Number: WP(CRL.) NO.985 OF 2023

Click Here To Read/Download The Judgment