IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(Crl.).No. 270 of 2010(S) --------------------------- PETITIONER: --------------- HAMZA.A, S/O.BEERAN, AGED 54 YEARS, AMBADATH HOUSE, KUMARAMPUTHOOR, PALLIKUNNU P.O., MANNARKKAD, PALAKKAD DISTRICT, KERALA STATE, PIN-678 583. BY ADV. SRI.M.A.ANZAR SRI.PAUL JACOB RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, SHORNUR RANGE, SHORNUR. 3. THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD. 4. ANSAR THAYATHETHIL, S/O.SATHAR, AGED 26 YEARS, THAYATHETHIL, PERIMBADARI P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN-678 762. 5. SATHAR THAYATHETHIL, S/O.BEERANKUTTY, AGED 53 YEARS, THAYATHETHIL, PERIMBADARI P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN-678 762. 6. MASIDHA SATHAR, W/O.SATHAR, AGED 42 YEARS, THAYATHETHIL, PERIMBADARI P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN-678 762. WP(Crl.).No. 270 of 2010(S) - 2 - 7. SAJFEER @ BABU, S/O.ABDULLA, AGED 25 YEARS, THAYATHETHIL, PERIMBADARI P.O., MANNARKKAD, PALAKKAD DITRICT, PIN-678 762. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.V.S.CHANDRASEKHARAN FOR R4-7 SMT.LEKSHMI SWAMINATHAN FOR R4-7 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.270 of 2010 ********************* Dated this the 6th day of August, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by us resting with the order dated 21.07.2010. The petitioner had come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Jaseera, aged 18 years (date of birth - 29.04.1992). She was found missing from 21.06.2010. It was the petitioner's apprehension that his daughter Jaseera (`the alleged detenue' hereinafter) was detained by respondent Nos.4 to 7. Respondent Nos.5 and 6 are the parents of the 4th respondent - a young man aged about 26 years. Respondent No.7 is a relative of the 4th respondent. 2. The alleged detenue appeared before Court. She stated before us on 14.07.2010 that she is not under any illegal detention or confinement. She wants to get married to the 4th respondent, it was submitted. The 4th respondent was willing to marry her. Notice for solemnisation/registration of the marriage W.P(Crl.) No.270 of 2010 2 under the Special Marriage Act had already been given by the alleged detenue and the 4th respondent on 06.07.2010. The marriage could be solemnised and registered only on or after this date (06.08.2010). Accordingly as directed by us, the alleged detenue was accommodated at the Santhiniketan hostel. 3. We had made attempts to persuade the parties to settle the disputes harmoniously. We must mention that the petitioner took a very constructive stand and agreed that the marriage can be solemnised with the blessings of the parents of the alleged detenue if the alleged detenue would agree to return with the petitioner, her father. Despite the very active efforts made by us, the alleged detenue took up an adamant stand that she does not want to go with the petitioner, her father. 4. The petitioner and the alleged detenue repeat that stand today also. We must mention that respondent Nos.5 and 6, the parents of the 4th respondent did also try to persuade the alleged detenue to go with her father, but the alleged detenue refused to do so. 5. Our attempts to persuade the parties to harmoniously settle the dispute have now failed consequent to the stand taken W.P(Crl.) No.270 of 2010 3 by the alleged detenue. The alleged detenue has completed the age of 18 years, she having been born on 29.04.1992. The 4th respondent and the alleged detenue have produced before us a copy of the Secondary School Leaving Examination Certificate of the alleged detenue and that shows her date of birth to be 29.04.1992. The original is not produced, but the petitioner also accepts that the alleged detenue was born on 29.04.1992. We, in these circumstances, accept that the alleged detenue is aged above 18 years and that she has completed the age of 18 years on 29.04.2010. The marriage of the alleged detenue and the 4th respondent in accordance with the provisions of the Special Marriage Act can now be solemnised, reports the learned Government Pleader after taking instructions from the concerned Marriage Officer, ie. the Marriage Officer, Mannarkkad. 6. We are, in these circumstances, satisfied that no further directions are necessary in this petition. We had earlier accepted the request of the petitioner that the alleged detenue may not be permitted to cohabit with the 4th respondent before their marriage takes place in accordance with law. She was W.P(Crl.) No.270 of 2010 4 hence accommodated at the Santhiniketan hostel till this day. We are now satisfied that the alleged detenue can be permitted to go along with respondent Nos.4 to 6. The 5th and 6th respondents agree and accept that the alleged detenue and the 4th respondent shall not be permitted to cohabit as husband and wife before their marriage is solemnised under the provisions of the Special Marriage Act. The marriage shall be solemnised and registered tomorrow (07.08.2010) itself, submit respondent Nos.4 to 6. 7. In the result: a) This Writ Petition is dismissed; b) The alleged detenue Jaseera, who had appeared before this Court on 14.07.2010 and who has been accommodated at the Santhiniketan hostel from that date, is permitted to leave the Court along with respondent Nos.4 to 6 as desired by her accepting the submission of respondent Nos.4 to 6 that the alleged detenue and the 4th respondent shall cohabit as husband and wife only after their marriage is solemnised and registered under the provisions of the Special Marriage Act; W.P(Crl.) No.270 of 2010 5 c) We accept the submission of the alleged detenue and respondent Nos.4 to 6 that the certificate of marriage shall be produced before this Court on the next date of posting and that a copy of such certificate shall also be produced for being furnished to the petitioner, the father of the alleged detneue. 8. Call this petition again on 20.08.2010. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/