IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(Crl.).No. 411 of 2010(S) --------------------------- PETITIONER(S): --------------- K.R.THANKACHAN, S/O.RAMAN, KATTIPARAMBIL HOUSE,MANJOOR.P.O,KOTTAYAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KADUTHURUTHI,KOTTAYAM DISTRICT,PIN-686 604. 2. THE SUB INSPECTOR OF POLICE,KADUTHURUTHI KOTTAYAM DISTRICT,PIN-686604. 3. THE SUPERINTENDENT OF POLICE, KOTTAYAM-686001. 4. AJITH.C.P, PUTHANAM PADIYIL HOUSE, EDAPUZHA.P.O,VALATHODE,IRITTY,KANNUR DISTRICT, (IRITTY POLICE STATION LIMITS). R1 TO 3 BY GOVT. PLEADER SHRI. A.J. VARGHESE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 411 of 2010 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2010 JUDGMENT Basant, J. This judgment must be read in continuation of the order dt.20.10.2010 passed by us. 2. Today when the case is called, the petitioner and his wife are present. The alleged detenue, who was sent along with her parents, has also come to Court along with the petitioner and his wife. The petitioner is represented by a counsel. The 4th respondent has appeared before the Court. He is represented by a counsel. Along with him, his mother's sister one Annamma Chacko (Innamma) has also come to Court. 3. We interacted with the alleged detenue alone initially and later in the presence of her parents. We subsequently interacted with the 4th respondent and his aunt. Learned counsel W.P.(Crl.) No. 411 of 2010 2 for the petitioner, learned counsel for the 4th respondent and the learned Government Pleader were also present. 4. The alleged detenue states before us categorically that she wants to go with the 4th respondent and get married to him. At the moment he cannot contract a marriage as he has not attained the age of 21 years and shall be attaining the age of 21 years only on 27.12.2010. The alleged detenue and the 4th respondent have been living together from 4.5.2010. It is also submitted by the alleged detenue and the 4th respondent that the alleged detenue has now become pregnant in such relationship between her and the 4th respondent. Her last menstrual period was on 17.8.2010, admit and accept both the alleged detenue and the 4th respondent. 5. The alleged detenue states before us categorically that she wants to go with the 4th respondent. She does not want to return with her parents. Her parents, on coming to know that she is pregnant, are also reluctant to take the alleged detenue with them. The 4th respondent and his aunt submit specifically that they are willing to take the alleged detenue with them. She can be accommodated with W.P.(Crl.) No. 411 of 2010 3 Annamma Chacko (Innamma), the maternal aunt of the 4th respondent. The alleged detenue and the 4th respondent can get their marriage solemnised in accordance with the Christian religious rites on any day after 27.12.2010. They shall get their marriage so solemnised and shall produce before the Court document to show solemnisation and registration of such marriage, submits the 4th respondent, his aunt and the alleged detenue. 6. The parents of the alleged detenue and their counsel submit in these circumstances that they have no objection in the alleged detenue being permitted to pursue whatever course she thinks is best for her. The petitioner states that he does not want to take up any responsibility of the alleged detenue, who is an adult major woman aged about 24 years - her date of birth being 15.9.1986. 7. 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 detention or confinement. In this case, we are satisfied that the alleged detenue is not under any illegal detention or confinement. She and the 4th respondent unambiguously admit that W.P.(Crl.) No. 411 of 2010 4 they are living as husband and wife and that the alleged detenue is pregnant in such relationship with the 4th respondent. We are, in these circumstances, satisfied that the alleged detenue can be permitted to pursue whatever course she think is best for her. 8. The alleged detenue and the 4th respondent submit before us that they shall get their marriage solemnised and shall produce the certificate of marriage if the case is posted to a date 15 days after 27.12.2010. We accept that request. A copy of the certificate of marriage shall be produced for being furnished to the petitioner. 9. In the result: a) This Writ petition is dismissed. b) The alleged detenue is informed that she is at liberty to pursue whatever course she thinks is best for her. c) We record the submission that she wants to leave the court along with the 4th respondent and his aunt. She has accordingly left the Court with them. d) We accept the undertaking of the alleged detenue and the 4th respondent that they shall get the marriage solemnised in accordance W.P.(Crl.) No. 411 of 2010 5 with the Christian religious rites and shall produce the certificate to confirm solemnisation of marriage on the next date of posting. As requested by them, we post the case to 17.1.2011 for production of the marriage certificate along with a copy thereof for being furnished to the counsel for the petitioner. e) The alleged detenue states that her educational documents, including her S.S.L.C. book, are available in the house of the petitioner. The petitioner and his wife submit that to their knowledge the S.S.L.C. book has been taken away by the alleged detenue. However, they agree that documents, if any available, shall be returned to the alleged detenue through their respective counsel. (R.BASANT) Judge (M.L. JOSEPH FRANCIS) Judge tm