IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(Crl.).No. 110 of 2008(S) --------------------------- PETITIONER: 1 ------------- JEMMA SUNNY, AGED 54 YEARS, W/O.SUNNY, MATCHIL HOUSE, MRA H.NO.81, MUNDAKKAL, KOLLAM-691 001. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. DISTRICT SUPERINTENDENT OF POLIC, KOLLAM DISTRICT, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION,KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KOLLAM POLICE STATION,KOLLAM. 4. R.V.JINEESH, NAVY HOSPITAL, MANGLORE HILLS, VASCO-DE-GAMA, GOVA FROM R.V.BHAVAN, VELLANCHIRA, PANAVOOR, NEDUMANGADU 5. RAVEEDNRAN.K., R.V.BHAVAN, VELLANCHIRA, PANAVOOR, NEDUMANGADU R4 & R5 BY ADV. SRI.BLAZE K.JOSE SRI.K.K.SUNIL KUMAR (IDUKKI) R1 TO R3 BY GOVT.PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WP(CRL).NO.110/08 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE FIR NO.360/2008 OF KOLLAM POLICE STATION. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.110 OF 2008 -------------------------------- Dated this the 11th day of April, 2008 JUDGMENT Raman, J. Petitioner is the mother of the alleged detenue by name Suja. The whereabouts of the petitioner's husband are not known . Petitioner has two children. The alleged detenue is the eldest daughter and the other is a son. The allegation made in the writ petition is that after completing her B.Sc. Nursing course, the alleged detenue is employed in Bombay Hospital CON 12, and she came to her house on leave for a short stay and left for her place of employment on 15/3/2008 and thereafter, it is found on enquiry that she has not returned for the place of employment and the whereabouts were unknown. It is also alleged that the alleged detenue is kept in some unknown place by the 4th respondent. 2. We have issued notice to the parties and pursuant to the notice the alleged detenue appeared before us. We have interacted with the alleged detenue and she stated that she is a major, aged 23 years, her date of birth is 17/5/1984. She also stated that she married the 4th -2- WP(Crl).No.110/2008 respondent at Bombay on 4/11/1007 as per the Hindu custom. The marriage is also registered before the Registrar of Marriage and the certificate of marriage issued by the Registrar of Marriage, Mumbai evidences the registration of marriage under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 3. The learned counsel for the 4th respondent produced the certificate of registration of marriage for perusal. It is seen in the said certificate that the 4th respondent is employed in Navy and the alleged detenue's name is entered as his wife. The alleged detenue submitted that she is not under the illegal custody as alleged in the writ petition. We have interacted with the petitioner, mother of the alleged detenue. Her main grievance is that she has obtained an educational loan for the education of her daughter and in the present situation she is not able to repay the same. The petitioner thought that the educational loan will be repaid by the alleged detenue and she will be a support to the family. But all of a sudden, the alleged detenue eloped with somebody leaving her mother alone in the family, and when there is nobody to help her to repay the loan, petitioner has no alternative but to approach this Court. The 4th respondent submitted that he was already told by the petitioner that he will -3- WP(Crl).No.110/2008 have to repay the loan taken for the education of his wife, the alleged detenue. In the circumstances, Writ Petition is closed. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.