IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(Crl.).No. 51 of 2011(S) -------------------------- PETITIONER --------------- MR.JOSEPH SEBASTIAN, SON OF JOSEPH, AGED 55, RESIDING AT ST.JOSEPH COTTAGE, BUNGLOW COMPOUND, NEAR REST HOUSE, KOLLAM. BY ADV. SRI.HARISH GOPINATH RESPONDENTS: --------------- 1. JOHN ROZARIO, AGED ABOUT 45, RESIDING AT PATTANIPURAKKAL BANGLOW, VRINDAVAN NAGAR, HOUSE NO.246, KADAPPAKKADA, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. GOVERNMENT PLEADER, SHRI C K KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. Crl. No. 51 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February 2011 JUDGMENT Joseph J., The petitioner alleges illegal detention of his son, Bijo Sebastian by the first respondent. 2. The case of the petitioner in brief is as follows. As per the School Leaving Certificate, the date of birth of the petitioner's son is 15.12.1992. It is his further case that his son, who is studying in Plus One at Alpha College, went to the college on 4.10.2010. He did not return on that day till evening. The second respondent informed that a man missing case has already been registered on the basis of a complaint filed by one Sheela Rozario alleging that her daughter is missing and that her daughter had run away with the petitioner's son. The petitioner filed Ext.P1 complaint before the second respondent to trace out his son. As there was no progress in W.P. Crl. No. 51 of 2011 :2: locating the petitioner's son, the petitioner filed Ext.P2 representation to the second respondent. The petitioner filed Ext.P3 objection to the notice under the Special Marriage Act. 3. Today the alleged detenue and Avis Rozario – daughter of the 1st respondent are present. The petitioner and his wife are also present. We interacted with the parties. We also heard the learned counsel for the parties. 4. The alleged detenue would say that he has married Avis Rozario under the Special Marriage Act and the certificate is also made available. The learned counsel for the respondents also pointed out that the actual date of birth of the alleged detenu is 15.12.1989. It is his case that when the objection on the basis of date of birth was raised by the petitioner, the date of birth as per the birth certificate was made available to the Sub Registrar, Kollam, who found that the petitioner's son is marriageable age and registered the marriage. 5. The alleged detenue and Avis Rozario say that they are residing in a rented house and that the alleged detenue is a welder W.P. Crl. No. 51 of 2011 :3: and earning income. Avis Rozario states that she intends to continue with her studies. 6. In these circumstances, we close the Writ Petition. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/