IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(Crl.).No. 296 of 2009(S) --------------------------- PETITIONER(S): --------------- BRIGHT RAJENDRAN, S/O.R.K.NARAYANAN, AGED 26 YEARS, THOTTATHIL HOUSE, KOOROPPADA P.O., PAMPADI, KOTTAYAM-686 502. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.T.B.SIVAPRASAD SRI.ABHILASH AKBAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PALAKKAD. 3. CIRCLE INSPECTOR OF POLICE, PALAKKAD. 4. SUB INSPECTOR OF POLICE, PALAKKAD. 5. RAJAN, KURUPPATH HOUSE, ALAMPALLIL, KALLEPPULLY, PALAKKAD DISTRICT. BY G.P. SRI. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.296 of 2009-S ------------------------------------------------- Dated this the 3rd day of August, 2009 JUDGMENT Basant,J. The petitioner - a young man, aged about 26 years, has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Rajitha, a young woman, aged about 28 years, who, according to the petitioner, is his legally wedded wife. According to the petitioner, his wife Rajitha is being illegally detained by her father - the 5th respondent herein. He and the alleged detenue had entered into a registered agreement dated 1/10/08 and had later got married to each other by solemnisation of the marriage in accordance with the provisions of the Special Marriage Act on 5/3/09 before the Marriage Officer, Palakkad. Ext.P1 is the agreement and Ext.P2 is the certificate of W.P.(Cri) No.296 of 2009-S -: 2 :- solemnisation/registration of the marriage. 2. This writ petition was filed on 27/7/09. The same was admitted on 28/7/09. Notice was issued to the respondents. 3. Today, when the matter came up, the petitioner and his counsel are present. The 5th respondent along with his counsel is present. Along with the 5th respondent, the alleged detenue Ms.Rajitha has also come before Court. 4. We permitted Ms.Rajitha to remain in the Chamber without being influenced by any one. She asserted before us that she does not want to go with the petitioner herein. We interacted with her and ascertained her response after 1.45 p.m. Ms.Rajitha, who is an adult major woman, she having born on 22/9/80, stated before us categorically that she is not under confinement or detention by any one and that she wants to return from this Court along with her father - the 5th respondent herein. She is an educated woman, she having acquired B.Sc. (Agriculture) and MBA degrees. She is working for the Government of Kerala as a contract employee now. Exts.P1 and P2 are not denied or disputed. Both sides agree that though Exts.P1 and P2 have been registered, parties had never lived as W.P.(Cri) No.296 of 2009-S -: 3 :- husband and wife. In the presence of the petitioner Ms.Rajitha clearly stated that she does not want to continue any relationship with the petitioner herein. 5. The petitioner and his counsel submitted that the petitioner is willing to take Ms. Rajitha with him if Ms.Rajitha is willing to accompany him. 6. We are convinced that Ms.Rajitha is not under confinement or detention by any one and she has voluntarily and on her own taken the decision not to have any relationship with the petitioner. We respect her wishes and her decision, she being an adult major woman competent to take decisions affecting her. 7. We are, in these circumstances, satisfied that this writ petition only deserves to be dismissed. However, we take note of the submission of both sides that they are willing to formally bring to termination the relationship which appears to exist at least on paper as per Exts.P1 and P2. Parties are assisted by counsel and the learned counsel submit that necessary steps shall be taken in accordance with law to avoid/retract from Exts.P1 and P2. W.P.(Cri) No.296 of 2009-S -: 4 :- 8. This writ petition is, in these circumstances, dismissed. We expect that the parties, through counsel, shall be able to settle their disputes and do the needful. Respecting the wishes of the alleged detenue, we permit Ms.Rajitha to leave this Court along with her father - the 5th respondent. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No.296 of 2009-S -: 5 :-