IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(Crl.).No. 443 of 2011(S) --------------------------- PETITIONER: --------------- ANAND BABU, S/O.SRINIVASAN, AGED 51 YEARS,R/O.'ANAND'PALAMOODU, CHATHANNUR PO,KOLLAM DISTRICT. BY ADV. SMT.A.G.ANEETHA SMT.M.KABANI DINESH RESPONDENTS: --------------- 1. NIKHIL, S/O.SURESH KUMAR, AGED 19 YEARS,MANAPPILLY HOUSE,KURISUMOODU, (KPAC) JUNCTION,KAYAMKULAM PIN 686 104, (KERALA PEOPLES ARTS CLUB) 2. SURESH KUMAR, S/O.THANKAPPAN,AGE NOT KNOWN, MANAPPILLY HOUSE,KURISUMOODU, ,KAYAMKULAM PIN 686 104,KAYAMKULAM PIN 686 104 3. LALY, W/O.SURESH KUMAR,AGE NOT KNOWN, MANAPPALLY HOUSE,KURISUMOODU, KPAC JUNCTION,KAYAMKULAM PIN 686 104. 4. SUB INSPECTOR OF POLICE, CHATHANNUR POLICE STATION, CHATHANNUR P.O, KOLLAM DISTRICT 691 572. GOVERNMENT PLEADER SRI P.K.BABU ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL FOR R1-3 SMT.ASHA ELIZABETH MATHEW FOR R1-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. *********************** W.P(Crl) No.443 of 2011-S ***************************** Dated this the 4th day of October, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Silka, aged 20 years (date of birth – 12.05.1991). According to the petitioner, the alleged detenue, his daughter, is a student of the fifth semester Engineering in the Travancore Engineering College, Oyur. She was missing from 20.09.2011. A complaint was filed. A crime was registered as Crime No.1385 of 2011 of Chathannur Police Station. The police had not traced the alleged detenue. It is, in these circumstances, that he has helplessly come to this Court. According to him his daughter, the allged detenue, is under the illegal confinement and detention of the 1st respondent, a classmate of hers, who is aged about 19 years only. The 1st respondent is being assisted in such venture by his parents, the 2nd and 3rd respondents, it was alleged. 2. This petition came up for admission on 29.09.2011. Orders were issued by the Bench directing the police to trace the alleged detenue. W.P(Crl) No.443 of 2011-S 2 3. Today when the case is called, the alleged detenue Silka has come to this Court along with respondents 1 to 3. As she was coming in the custody of respondents 1 to 3, we permitted her to remain in the Chamber without any opportunity for respondents 1 to 3 to influence her. Her father, the petitioner, was permitted to have interactions with her till 1.45 p.m. 4. After lunch recess at 1.45 p.m, we interacted with the alleged detenue alone initially. Later we interacted with her in the presence of her father and his counsel. Subsequently we interacted with her in the presence of respondents 1 to 3 and their counsel. 5. The alleged detenue Silka, an adult major woman, submits before us that she is not under any illegal confinement or detention. She is in love with the 1st respondent. She has decided to get married to him. They have already got their marriage solemnised in accordance with Hindu customary religious rites at Krishnapuram Sreekrishna Swami temple on 30.09.2011. Certificate to confirm such marriage is also produced before Court. 6. Respondents 1 to 3 through their counsel submits that W.P(Crl) No.443 of 2011-S 3 the 1st respondent and the alleged detenue are in love. The 1st respondent is actually aged above 21 years, his date of birth being 19.01.1990. His date of birth is incorrectly shown in the school records as 19.01.1992, it is submitted. They submit that the alleged detenue may be permitted to go with them as desired by her. 7. The alleged detenue asserted that she wants to return along with the 1st respondent. Even after long interaction with the petitioner, she stuck to her stand that she does not want to go with the petitioner and wants to return along with respondents 1 to 3. The petitioner now accepts that the alleged detenue is not under any illegal confinement or detention. His interaction with her convinces him that she is not under any illegal detention or confinement. He therefore only submits that appropriate orders may be passed. He is wiling to take the alleged detenue if the alleged detenue is willing to go with the petitioner. If not, she may be permitted to go with respondents 1 to 3, he submits. 8. There is a contention in the petition that the marriage is not perfectly valid inasmuch as the 1st respondent has not attained the age of 21 years. According to respondents 1 to 3, he W.P(Crl) No.443 of 2011-S 4 has already attained the age of 21 years. Even if he has not attained the age of 21 years, that does not render the marriage void, submits the learned counsel for respondents 1 to 3. 9. We do not think it necessary to embark on an enquiry as to what is the correct age of the 1st respondent. The marriage certificate dated 01.10.2011 issued by the Sub Group Officer, Major Krishnapuram Devaswom, Kayamkulam shows that marriage between the alleged detenue, aged 20 years and the 1st respondent, aged 21 years has taken place in accordance with the Hindu customary rites. The petitioner has no objection against the alleged detenue being permitted to go along with respondents 1 to 3. The alleged detenue emphatically expresses her preference to go with respondents 1 to 3. Respondents 1 to 3 are willing to take her along with them. 10. We are satisfied, in these circumstances, that this Writ Petition only needs to be dismissed after recording our finding that the alleged detenue is not under any illegal confinement or detention. We permit the alleged detenue to leave the Court along with respondents 1 to 3 as desired by all concerned. 11. This Writ petition is, in these circumstances, W.P(Crl) No.443 of 2011-S 5 dismissed. 12. The original marriage certificate is returned to the learned counsel for respondents 1 to 3. Copy thereof is placed on the file of this Court. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/