IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 21ST JANUARY, 2008 / 1ST MAGHA, 1929 WP(Crl.).No. 7 of 2008(S) ---------------------------- PETITIONER: -------------- PUSHPAMMA NELSON, W/O NELSON, KRIPA EADEN GARDENS, VALIYAPERUMPUZHA, KANNAMANGALAM VILLAGE, MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. 4. SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, MAVELIKKARA. 5. JOSE, S/O PAUL, MUNDAKATHIL, KEERIKKADU SOUTH, KAYAMKULAM P.O. 6. KOCHUMON, VELIYIL VEEDU, KANDALLOOR SOUTH, KAYAMKULAM. BY ADV. SRI.K.R.SUNIL BY GOVERNMENT PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(Crl) No. 7 OF 2008) PETITIONER'S EXHIBITS: Ext.P1: Copy of the Crime Memo prepared by the 4th respondent. -True Copy- P.A.to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P.(Crl).No. 7 of 2008 --------------------------------------------- Dated this the 21st day of January, 2008 J U D G M E N T Raman,J: The petitioner is the mother of the alleged detenue. This writ petition is filed alleging that she is under illegal custody of respondents 5 and 6. Respondents 5 and 6 have filed a counter affidavit denying the allegations. 2. The alleged detenue appeared before us. We interacted with her. She has stated that she is being compelled by her parents to marry against her wishes and this is the reason, the alleged detenue has run away from her house. We have interacted with the petitioner- the mother of the alleged detenue. She has stated that she is not compelling her daughter to marry anybody against her wish. Since the girl is aged 23 and there is no marriage, the proper custodian of the alleged detenue is her parents. We permit the petitioner to take the alleged detenue- her daughter. Accordingly, we allow the custody of the alleged detenue to be given to her mother, the petitioner WP(Crl) NO.7 of 2008 :-2-: herein. However, we direct that the alleged detenue shall not be compelled to marry anybody against her wish and if any complaint is made, the Police shall take necessary action in this regard. P.R.RAMAN, Judge V.K.MOHANAN, Judge Mbs/ WP(Crl) NO.7 of 2008 :-3-: V.K.MOHANAN, J. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T DATED: -0-2007 WP(Crl) NO.7 of 2008 :-4-: