IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(Crl.).No. 375 of 2008(S) --------------------------- PETITIONER(S): --------------- T.A.K. ABDULLA HAJI, S/O. KUNHAMMED KUTTY, AGED 68 YEARS, THOYINTAVIDA HOUSE, KUMMAMKODE AMSOM, NATHAPURAM DESOM, VADAKARA TALUK. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, PERUVANNAMUZHY. 3. THE SUB INSPECTOR OF POLICE, NATHAPURAM. 4. PARAMMEL RAHIM, S/O. BEERSNKUTTY, AGED 20 YEARS, KADIYANGAD AMSOM DESOM, PANDIRIKKARA.P.O, AVADAKKA. 5. KOVUMBURATH RIYAS, S/O. IBRAHIM, AGED 22 YEARS, KADIYANGAD AMSOM DESOM, PANDIRIKKARA.P.O, AVADAKKA. 6. ATHIYOMAL POKKER, AGED 50 YEARS, KADIYANGAD AMSOM DESOM, PANDIRIKKARA.P.O, AVADAKKA. ADV. SRI.C.A.CHACKO FOR R4-6 SRI.M.B.VIMALRAJ FOR R4-6 GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.375 of 2008 ---------------------------------------------- Dated 28th October, 2008. J U D G M E N T Kurian Joseph, J. The mother of the alleged detenue is present along with other members of the family. Shameena, the alleged detenue is present along with Rahim, the 4th respondent. The 6th respondent, who is the father's brother of Rahim is also present. It is submitted that Rahim and Shameena have undergone a marriage at Nagur on 8.10.2008. But it is brought to our notice that though Shameena has completed 18 years, Rahim has not attained marriageable age. Sri.Pokker, the 6th respondent submits that he will see that a valid marriage is performed between Rahim and Shameena under his responsibility and leadership. Shameena submits that she will not go with her mother or other members of the family. Therefore, they submit that she may go anywhere on her own free will; but they only want her to be happy. It is further submitted that she may not trouble them hereafter. 2. Shameena submits that she may be permitted to go with the 6th respondent, who has his wife and three girl children WP(Crl) NO.375/08 2 with him. Accordingly, the writ petition is disposed of permitting Shameena to go with Pokker (6th respondent), who shall make necessary arrangements for a valid marriage between Rahim and Shameena in due course. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.375 of 2008 ---------------------------------------------- J U D G M E N T Dated 28th October, 2008.