Decided on-: 9 September 1964
Bench-: MUDHOLKAR, J.R. BENCH: MUDHOLKAR, J.R. SUBBARAO, K. HIDAYATULLAH, M.
FACTS
S. Natarajan, residing in Nungambakkam with his wife and two daughters, discovered that his daughter Savitri wished to marry their neighbor, Varadarajan. concerned, he promptly took Savitri to live with a relative in Kodambakkam on September 30, 1960. However, on October 1, 1960, Savitri left the relative's house, met Varadarajan, and they registered their marriage at the Registrar's office. The police, responding to S. Natarajan's complaint, located the couple in Tanjore. The Madras High Court convicted Varadarajan of kidnapping, sentencing him to one year of rigorous imprisonment. Varadarajan appealed to the Supreme Court.
ISSUES
Whether a minor has the ability to renounce the guardianship of their guardian.
Whether the act of removing from lawful guardianship has been proven.
RATIO DECIDENDI
Savitri, of her own accord, left her guardian’s residence without any influence from Varadarajan. Varadarajan neither compelled Savitri to marry him nor forced her to accompany him to the Registrar’s office. The initiative for marriage and the insistence on accompanying Varadarajan originated from Savitri herself. As an educated college student on the brink of adulthood, Savitri was deemed capable of making independent decisions. In the case, the court concluded that Varadarajan was not culpable for removing Savitri from her father’s custody, highlighting Savitri’s voluntary choices and emphasizing that Varadarajan had no legal obligation to return her to her father.
JUDGMENT
Following a thorough examination of the evidence and thoughtful consideration of the circumstances, the Supreme Court exonerated Varadarajan in the case. The court's decision hinged on Savitri's voluntary actions, her ability to make decisions independently, and the absence of any coercion or inducement by Varadarajan.
The precedent established by the ruling in this case underscores the significance of evaluating the voluntariness of actions in instances where minors choose to leave the protective custody of their guardians.
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