IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(Crl.).No. 404 of 2010(S) --------------------------- PETITIONER(S): --------------- MARIYAPPAN,50 YEARS, S/O.P.M.PONNAPPAN PILLAI,SRIVIDYA NIVAS, VELLAN STREET,SULTHANPET, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF POLIE,THIRUVANANTHAPURAM 695001. 2. THE SUPDT OF POLICE, PALAKKAD DISTRICT-678 001. 3. THE DEPUT SUPDT OF POLICE, PALAKKAD DISTRICT-678 001. 4. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD 678 001 5. MR.SHAJI VARGHESE, VELUTHOTTAM HOUSE,SHESHARDI NAGAR, OPP.LIONS SCHOOL, PALAKKAD-678 001. 6. MRS.LISSY VARGHESE, VELUTHOTTAM HOUSE, SHESHARDI NAGAR, OPP.LIONS SCHOOL, PALAKKAD-678 001. 7. MR.ELDHO S/O.SHAJI VARGHESE, VELUTHOTTAM HOUSE, SHESHARDI NAGAR, OPP.LIONS SCHOOL, PALAKKAD-678 001. 8. THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION,PALAKKAD 678 001. BY SR. GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR. ADV. SRI.NIREESH MATHEW THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(Cri) No. 404 of 2010-S ------------------------------------------------- Dated this the 15th day of November, 2010 JUDGMENT Basant,J. This judgment must be read in continuation of the earlier orders resting with the order dated 22/10/10. 2. The alleged detenue has been brought from Santhinikethan Hostel where she has been accommodated from 22/10/10. The alleged detenue, in the presence of her parents, states before us that she wants to leave with the 7th respondent The parents of the alleged detenue accept the decision of the alleged detenue. They only submit that appropriate orders may be passed. 3. The petitioner along with his wife is present. The petitioner is represented by his counsel. Respondents 5, 6 and 7 are present. They are represented by a counsel. Respondents 5 to 7 submit that they are willing to take the alleged detenue W.P.(Cri) No. 404 of 2010 -: 2 :- Srividya along with them. They further undertake that the marriage in accordance with the provisions of the Special Marriage Act shall be solemnized and registered forthwith - at any rate, within a period of 3 days. They further agree that till such marriage is solemnized and registered, the alleged detenue and the 7th respondent shall not/shall not be permitted to live as husband and wife. 4. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal confinement or detention. We are satisfied that the alleged detenue is not under any such illegal confinement or detention. We are satisfied that the alleged detenue in this case, an adult major woman aged above 19 years (date of birth - 16/3/91), has taken a voluntary decision not to return along with her parents and to get married to the 7th respondent. She is an educated woman, she being a student of the B.C.A. second year course now. The alleged detenue and the 7th respondent have given notice under the Special Marriage Act to get their marriage solemnized and registered. We respect the decisional autonomy of the alleged detenue. Even though her parents are not able to accept the decision of the alleged detenue to get married to the 7th respondent, they submit W.P.(Cri) No. 404 of 2010 -: 3 :- that her decision can be accepted now by the court and appropriate directions issued. 5. In the result: (a) This writ petition is dismissed. (b) The alleged detenu Srividya is permitted to leave this Court along with respondents 5 to 7 as desired by her. 6. We accept the submission of respondents 5 to 7 and the alleged detenue that the marriage between the alleged detenue and the 7th respondent shall be solemnized and registered under the provisions of the Special Marriage Act at the earliest - at any rate, within a period of 3 days from this date. We accept the undertaking of respondents 5 to 7 that they shall produce the marriage certificate if the case is posted to a date after 10 days. 7. Accordingly, we post this case to 29/11/10 for production of the marriage certificate. 8. The alleged detenue prays, and respondents 5 to 7 accept the said request, that all certificates/documents to prove the educational qualification, age etc., of the alleged detenue shall be returned to the alleged detenue directly or through the college authorities at the earliest. 9. Call this petition again on 29/11/10 for production of the marriage certificate along with a copy thereof for being W.P.(Cri) No. 404 of 2010 -: 4 :- furnished to the petitioner. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 404 of 2010 -: 5 :-