IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(Crl.).No. 10 of 2010(S) -------------------------- PETITIONER: --------------- M.NOOR MUHAMMED, S/O.KUTHU RAWTHER, MOOPPAN HOUSE, OLD CHANDAPETTA, NALLEPILLY, CHITTUR TALUK. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): --------------- 1. RATHEESH, AGED ABOUT 28 YEARS, S/O. RAVEENDRAN, NEAR POOCHIRA MASJID, POOCHIRA INDUSTRIAL ESTATE.P.O., PUDUPARIYARAM, PALAKKAD. 2. RAVEENDRAN, FATHER OF 1ST RESPONDENT, TEA SHOP, NEAR POOCHIRA MASJID, POOCHIRA INDUSTRIAL ESTATE.P.O., PUDUPARIYARAM, PALAKKAD. 3. THE STATION HOUSE OFFICER, HEMAMBIKA NAGAR POLICE STATION, OLAVAKKODE, PALAKKAD. 4. THE SUPERINTENDENT OF POLICE, PALAKKAD. BY GOVT.PLEADER SHRI P.N.SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ---------------------------------------------- W.P.(Crl.)No.10 OF 2010 ----------------------------------------------------- DATED THIS THE 13th DAY OF JANUARY, 2010 J U D G M E N T 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 Jaseela, a young woman aged above 21 years – she having been born on 31.5.1988. According to the petitioner, his daughter, the alleged detenue Jaseela is missing from 14.12.2009. The petitioner apprehended that the said Jaseela is being illegally detained by the 1st respondent, actively assisted and abetted by the 2nd respondent, who is the father of the 1st respondent. It is in these circumstances that this petition has been filed. 2. When the petition came up for hearing on 8.1.2010, the Bench dealing with the matter admitted the same and ordered issue of notice to all the respondents. 3. Today when the matter came up for hearing, the petitioner is present along with his counsel. His wife, the mother of the alleged detenue, has also come to Court along with the petitioner. Respondents 1 and 2 have appeared before Court. W.P.(Crl.)No.10/10 -2- They are not represented by any counsel. The alleged detenue has come to Court along with respondents 1 and 2. 4. As the alleged detenue came along with respondents 1 and 2, who according to the petitioner, are illegally detaining her, we felt it necessary that the alleged detenue must be permitted to remain in the Chamber without opportunity for respondents 1 and 2 to influence her in any manner. We permitted her to remain in the Chamber and to give her response to us after the lunch recess. The petitioner and his wife claimed and we granted them an opportunity to interact with their daughter, the alleged detenue. 5. After lunch recess, we interacted with the alleged detenue. Initially, we interacted with her alone. Later, we interacted with her in the presence of her parents and their counsel. Subsequently, we interacted with her in the presence of respondents 1 and 2. The learned counsel for the petitioner and the learned Government Pleader were also present. 6. Ms.Jaseela, the alleged detenue states before us categorically that she is not under the illegal detention or confinement of anyone. According to her, she is in love with the W.P.(Crl.)No.10/10 -3- 1st respondent. She had taken the decision to marry him. She is aged above 21 years. She and the 1st respondent aged above 28 years have got married to each other. This marriage allegedly took place in a temple by tying a 'thali' around her neck by the first respondent. She wants to return along with respondents 1 and 2. She does not want to return along with her parents. 7. Respondents 1 and 2 submit that the marriage of the 1st respondent with the alleged detenue has already been taken place, by the 1st respondent tying a 'thali' at a temple. Copy of the certificate of marriage issued by the Registrar of Marriage, (Secretary of the Akathethara Grama Panchayat, Registration No.155/CMA/09) to confirm the marriage performed on 17.12.2009 is placed before the Court for perusal. That shows that the marriage was performed at the bridegroom's house at Kunnukad, Akathethara, Palakkad District. 8. The 2nd respondent states that he accepts the relationship between the alleged detenue and the 1st respondent. He has no objections against such marriage. Both the 1st and 2nd respondents submit that they have no objection against the alleged detenue pursuing her religion, i.e., Islam and they have no intention to compel her to convert to the Hindu religion. W.P.(Crl.)No.10/10 -4- 9. We are now satisfied that the alleged detenue is not under the illegal detention or confinement of respondents 1 and 2. In a petition for issue of a writ of habeas corpus, that is the primary fact which we have to be satisfied. Having satisfied ourselves that the alleged detenue is not under the illegal confinement and detention of respondents 1 and 2 or anyone else, we are satisfied that no further directions need be issued in this Writ Petition. 10. The learned counsel for the petitioner submits that inasmuch as the alleged detenue wants to leave along with the 1st respondent, it may at least be ensured that they enter into legal matrimony. In response to a query by this Court, respondents 1 and 2 accept that they shall get the marriage between the first respondent and the alleged detenue solemnised and registered in accordance with the provisions of the Special Marriage Act. They pray that they may be given some time to get such marriage under the Special Marriage Act solemnised and registered in accordance with law. If given sufficient time, they shall produce before this Court the marriage certificate issued under the Special Marriage Act, submit respondents 1 and 2 and the alleged detenue. W.P.(Crl.)No.10/10 -5- 11. We accept the said request of the counsel for the petitioner which is readily accepted by respondents 1 and 2 and the alleged detenue. Appropriate directions can hence be issued. 12. In the result: (a) this Writ Petition is dismissed. (b) The alleged detenue Jaseela, an adult woman aged above 21 years is permitted to leave the Court along with respondents 1 and 2 with whom she has come to Court today, as desired by her. (c) We accept the undertaking of respondents 1 and 2 and the alleged detenue that they shall get the marriage between the 1st respondent and the alleged detenue performed/solemnised in accordance with the provisions of the Special Marriage Act and shall produce certificate of marriage (along with a copy thereof to be furnished to the petitioner), within a period of 45 W.P.(Crl.)No.10/10 -6- days from this date. 13. Call this petition again on 01.03.2010. On that day, respondents 1 and 2 and the alleged detenue shall appear before this Court and produce the certificate of marriage to confirm that the marriage between the 1st respondent and the alleged detenue has been solemnised in accordance with the provisions of the Special Marriage Act. A copy of the certificate shall also be produced for being furnished to the petitioner herein. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn