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. 437 of 2011(S) -------------------------------------- PETITIONERS: --------------------- 1. KOMALAM, AGED 52 YEARS, W/O.MANIKKAN ACHARI, LAKSHMI NIVAS, PAZHAVANGADI VILLAGE, MOTHIRAVAYAL P.O., RANNI. 2. P.A.MANIKKAN ACHARI, AGED 55 YEARS, S/O.P.R.ARUMUGHAN ACHARI, LAKSHMI NIVAS, PAZHAVANGADI VILLAGE, MOTHIRAVAYAL P.O., RANNI. BY ADV. SRI.PIOUS JACOB. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT- 689 645. 2. CIRCLE INSPECTOR OF POLICE, RANNI POLICE STATION, PATHANAMTHITTA DISTRICT- 689 672. 3. MANISH, AGED 30 YEARS, KUZHIKALAYIL, MOTHIRAVAYAL, KAVIKULAM P.O., RANNI, PATHANAMTHITTA DISTRICT, PIN - 689 673. 4. SASI, AGED 60 YEARS, F/O.MANISH KUZHIKALAYIL, MOTHIRAVAYAL, KAVIKULAM P.O., RANNI, PIN - 689 673. 5. PONNAMMA, AGED 50 YEARS, M/O.MANISH KUZHIKALAYIL, MOTHIRAVAYAL, KAVIKULAM P.O., RANNI, PIN - 689 673. W.P.(CRL.).NO.437/2011-S: 6. ANISH, AGED 32 YEARS, KUZHIKALAYIL HOUSE, MOTHIRAVAYAL, KAVIKULAM P.O., RANNI, PIN - 689 673. R1 & R2 BY GOVT. PLEADER, R3 TO R6 BY ADV. SRI.V.SETHUNATH. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.).NO.437/2011-S: APPENDIX PETITIONER'S EXHIBIT:- EXT.P.1: COPY OF THE F.I.R. DTD. 17/09/2011 BY THE RANNI POLICE STATION. RESPONDENT'S EXHIBITS:- EXT.R3.A: COPY OF THE MARRIAGE CEREMONY CERTIFICATE ISSUED BY THE SUB GROUP OFFICER, MAVELIKKARA MAJOR GROUP OF THE TRAVANCORE DEVASWOM BOARD. EXT.R3.B: COPY OF THE BIRTH CERTIFICATE. EXT.R3.C: COPY OF THE RECEIPT ISSUED BY THE PATHIYOOR GRAMA PANCHAYATH. //TRUE COPY// P.A. TO JUDGE Prv. R.BASANT & C.T. RAVIKUMAR, JJ. -------------------------------------------- W.P.(Crl). No. 437 OF 2011 -------------------------------------------- Dated this the 4th day of October, 2011 JUDGMENT Basant, J. The petitioners have come to this Court for issue of a writ of habeas corpus to search for, trace and produce their daughter Lakshmi, the alleged detenue, aged 18 years (date of birth 14.7.1993). The alleged detenue Lakshmi is a student of the first year Degree course. She was found missing from 17.9.2011. A crime was registered. But she was not traced. It is in these circumstances that the petitioners came to this Court. 2. The case was posted to this day. Today, when this case is called, the alleged detenue has come along with the third respondent. Respondents 4 to 6, who are parents and brother of the third respondent have also come to Court. 3. At the bar, it was represented that the marriage between the third respondent and the alleged detenue has taken place in accordance with Hindu religious rites at Mavelikkara Ramapuram Temple. Certificate dated 22.9.2011 issued by the Sub Group Officer of Ramapuram Devaswam is produced. The alleged detenue stated in Court that she is W.P.(Crl.) 437/11 2 legally married to the third respondent and, that she is not under any illegal detention or confinement. She does not want to return from Court along with her parents, the petitioners; but wants to return along with the third respondent and his relatives. It was asserted. 4. We permitted her to remain in the Chambers without opportunity for anyone to interact with her. We did permit the petitioners who are her parents to interact with her. 5. After the lunch session, we interacted with the alleged detenue alone, initially. Later, we interacted with her in the presence of respondents 1 and 2. Still later, we interacted with her in the presence of the third respondent. Subsequently, we interacted with her in the presence of the petitioners and the third respondent. The learned counsel for the petitioners, learned counsel for respondents 3 to 6 and the learned Government Pleader were also present. 6. We are now satisfied that the alleged detenue is not under illegal confinement or detention. She is legally married to the third respondent and is, his wife. The petitioners are unable to accept the relationship between the alleged detenue and the third respondent for various reasons. But, we are convinced that the alleged detenue is not under confinement. She is an adult major woman though she has only W.P.(Crl.) 437/11 3 crossed the age of 18 years. We respect her decisional autonomy and respect her decision. We are satisfied, in the circumstances, that this petition under Article 226 of the Constitution only deserves to be dismissed. 7. In the result, this petition is dismissed. The alleged detenue, Lakshmi is permitted to leave the Court along with respondents 3 to 6 as desired by her. R.BASANT (Judge) C.T. RAVIKUMAR (Judge) spc W.P.(Crl.) 437/11 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(Crl.) 437/11 5