IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(Crl.).No. 357 of 2008(S) --------------------------- PETITIONER(S): --------------- VIJAYAKUMAR, AGED 30 YEARS, S/O.MANI, 14/928, PANAKAL HOUSE, PANDIKUDY, VELY, FORT-KOCHI, COCHIN - 682 002, ERNAKULAM DISTRICT. BY ADV. SRI.JAIJI ITTEN RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, FORT-KOCHI POLICE STATION, OFFICE OF THE CIRCLE INSPECTOR, FORT-KOCHI, ERNAKULAM. 3. MRS.HAIZEL, W/O.SREENIVASAN, TAMARAPARAMBIL HOUSE, S.S.KRISHNAN ROAD, FORT-KOCHI, KOCHI-01, ERNAKULAM DISTRICT. ADV. SMT.JAYASREE MANOJ FOR third respondent GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 357 of 2008(S) A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF NOTICE OF INTENDING REGARDING THE MARRIAGE WAS ISSUED WITH NUMBERS G-329/2008 AND M-174/2008 DATED 5.9.2008 ISSUED BY MARRIAGE OFFICER, KOCHI SUB REGISTRY OFFICE. EXT.P2 : TRUE COPY OF RECEIPT NO.1 DATED 5.9.2008 ISSUED FROM SUB REGISTRY OFFICE, KOCHI SUB REGISTRY. EXT.P3 : PHOTOGRAPHS OF THE PETITIONER WITH THE THIRD RESPONDENT'S DAUGHTER. EXT.P4 : PETITION DATED 27.9.2008 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : EXT.R3A TRUE COPY OF THE OBJECTION DATED 4.10.2008. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.357 of 2008 ---------------------------------------------- Dated 12th November, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed praying for a direction to the respondents to release Nirmal Rose from the alleged illegal custody of the third respondent (mother). Petitioner submits that he has been in ardent love with Nirmal Rose. Nirmal Rose was present before us on 7.11.2008 along with her parents. The petitioner along with his parents were also present. We also had the assistance of Adv.Smt.Thushara James as conciliator. When the case was taken, Nirmal Rose submitted before us that she is not in the illegal custody of her mother or father and that she is on her own free will living with her parents. It was also submitted that she wants to pursue and complete her studies for graduation and that she does not want to go with the petitioner. Though no further orders are necessary in the writ petition, having interacted with Nirmal Rose, we feel that the parents should take Nirmal Rose to an expert Psychologist/Clinical Psychiatrist, so that WP(Crl) NO.357/08 2 she is in a position to be a mature and sober person so as to face the future. With the above observation, the writ petition is dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.357 of 2008 ---------------------------------------------- J U D G M E N T Dated 12th November, 2008.