Introduction:

In a recent development before the Karnataka High Court, a habeas corpus petition filed by a mother seeking the production of her daughter was disposed of after the detenue girl informed the court of her marriage and intention to stay with her husband in Kerala. The case, titled ABC and State of Karnataka & Others, witnessed a division bench comprising Justice S Sunil Dutt Yadav and Justice Venkatesh Naik T, issuing directions for the detenue’s custody and acknowledging her voluntary decision to stay with her husband.

Arguments of Both Sides:

The petitioner, represented by Advocate Channakrishna, sought the production of the detenue from the custody of respondent no. 6, asserting her parental rights and concern for her daughter’s well-being. On the other hand, HCGP Thejesh P, along with Advocate N. Anitha Girish, appeared for respondents 1 to 5 and 7, defending the actions of respondent no. 6 and emphasizing the detenue’s right to make independent decisions as a major. Advocate Gaurav Ramakrishna represented respondent no. 6, affirming the detenue’s voluntary decision to marry and stay with her husband.

Court’s Judgment:

Upon hearing the submissions and conducting an in-camera interaction with the detenue, the court observed that she is staying with respondent no. 6 in Kerala after solemnizing their marriage on 01.04.2024. The detenue, pursuing her II Year B.Com at P.E.S. College, Bengaluru, expressed her independence in decision-making and affirmed her voluntary choice to reside with her husband. Considering her age, marital status, and educational pursuits, the court concluded that no further adjudication was necessary in the matter. Consequently, the habeas corpus petition was disposed of, with directions for the concerned police to hand over the detenue to the custody of respondent no. 6 forthwith, taking into account the voluntary undertaking filed by the husband for the detenue’s safety, welfare, and education.