The present case was adjudicated by a Division Bench of the Hon’ble Kerala High Court comprising of Justice K. Vinod Chandran and Justice Ashok Menon on 13th June 2018.
The petitioner, an 18 year old student, 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 alleged that the said neighbour compelled her to elope with him. The parents filed a complaint before the police, upon which a man missing case was registered.
The petitioner had voluntarily submitted before the jurisdictional Magistrate that she be allowed to go with her neighbour. The relatives of the petitioners got both of them married off in October 2017.
Post-Marriage the initial days went off well but thereafter the petitioner realized that her spouse is a drug addict and unemployed. According to the petitioner, her spouse is a driver and owns a jeep but does not go to work and has turned into a “Ganja Peddler” for easy money. The petitioner has suffered a miscarriage as a result of physical assault on her at the hands of her husband.
The petitioner came back to her parents who willingly took her back and has approached the court of law requesting for police protection against her spouse.
The Court observed:
“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.”
The Court, while allowing the writ petition, ordered the Station House
Officer shall immediately ensure protection to the petitioner.
Read the judgement here.