IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(Crl.).No. 403 of 2010(S) --------------------------- PETITIONER: --------------- SIJU AUGUSTINE, S/O.AUGUSTINE JOSEPH, AGED 24 YEARS, KANDATHIL HOUSE, ULIKKAL P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 4. BABY JOSEPH, ADAPPOR HOUSE, BHOOTHATHAN KETTU P.O., CHENKARA, KOTHAMANGALAM, ERNAKULAM DISTRICT PIN - 686 691. SR. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR SRI.C.M.KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.403 of 2010 ***************************** Dated this the 18th day of October, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier order passed by us on 14.10.2010. 2. When the case is called, the petitioner has come to Court. He is represented by his counsel. Along with him, his mother and stepfather have also come to Court. The 4th respondent has come to Court. Along with him, the alleged detenue has also come to Court. The 4th respondent and the alleged detenue are not represented by any counsel. 3. We interacted with the alleged detenue alone initially. The alleged detenue states that she has taken the firm decision to get married to the petitioner herein. Her father, the 4th respondent, has consented to the marriage between her and the petitioner. In these circumstances, she wants to go with the petitioner, she submits. 4. The 4th respondent submits that he has already spoken to his daughter and the petitioner. He now does not want to raise any objection against the marriage between his daughter, the alleged detenue, and the petitioner herein. 5. The petitioner states that he is willing to get married to the alleged detenue. Notice under the Special Marriage Act W.P(Crl) No.403 of 2010 2 was given on 16.09.2010. The marriage can now be solemnised before the Marriage Officer, Ulikkal. The petitioner and the alleged detenue state before us that if some further time is given, they shall get their marriage solemnised and registered under the provisions of the Special Marriage Act and shall produce the certificate of their marriage on the next date of posting. 6. We note that the parties have settled all their outstanding disputes. We are, in these circumstances, satisfied that this Writ Petition can be disposed of as agreed by all concerned. 7. This Writ Petition is, in these circumstances, allowed. We record the agreement between the parties to the following effect and issue the following directions: i) The alleged detenue and the petitioner are today permitted to leave the Court along with the mother and stepfather of the petitioner as agreed by all concerned including the 4th respondent herein, ie. the father of the alleged detenue; ii) The petitioner and the alleged detenue undertake, and the mother and stepfather of the petitioner agree that the W.P(Crl) No.403 of 2010 3 marriage between the petitioner and the alleged detenue shall be solemnised and registered before the Marriage Officer, Ulikkal tomorrow (19.10.2010) if possible, and if not, within a period of two days. They agree to produce marriage certificate before this Court along with a copy to be furnished to the 4th respondent; iii) The petitioner, the alleged detenue and the parents of the petitioner agree that the petitioner and the alleged detenue shall cohabit/shall be permitted to cohabit only after their marriage is solemnised and registered in accordance with the provisions of the Special Marriage Act. 8. Call this petition again on 29.10.2010 for production of the marriage certificate along with a copy thereof for being furnished to the 4th respondent. 9. Hand over a copy of of this order to the learned counsel for the petitioner and the learned Government Pleader. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/