IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(Crl.).No. 113 of 2008(S) --------------------------- PETITIONER: ------------ N.M.PAULOSE, NEDUMPILLY HOUSE, KOMBANAD P.O., KOMBANAD. BY ADV. SRI.VIVEK CHANDRAN SRI.ABHILASH V.M. RESPONDENTS: ------------- 1. TUNUS, S/O.MEERAKUTTY, NEDUNGAD HOUSE, VARAPPETTY PANCHAYATH, KOTHAMANGALAM. 2. S.I. OF POLICE, KOTHAMANGALAM POLICE STATION. 3. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA. 4. S.I. OF POLICE, KURUPPUMPADY POLICE STATION. R1 BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN R2 TO R4 BY GOVT. PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.113 OF 2008 -------------------------------- Dated this the 9th day of April, 2008 JUDGMENT Raman, J. The petitioner, father of the alleged detenue, complains that his daughter, Simi is under the illegal custody of the lst respondent. It is stated that she is under constant threat. Notice was issued by Special Messenger to the lst respondent and he is directed to produce the alleged detenue, in case the alleged detenue is under the custody of the lst respondent. The alleged detenue and the petitioner appeared before us. We have interacted with them. The alleged detenue stated that she is aged 23 years, she had gone along with the lst respondent on her own accord, they have decided to marry and that at present they are living as husband and wife in the lst respondent's house. They have already given notice of marriage under the Special Marriage Act. They are only waiting for expiry of 30 days to conduct the marriage under the said Act. We asked the girl as to whether she is willing to go along with her father and she stated that she wants to go along with the lst respondent and not with her father. We also asked the father (petitioner herein) as to whether he is willing to take her to which he -2- WP(Crl).No.113/2008 replied that unless she is voluntarily prepared to go along with him, he is not willing to take her. In the facts and circumstances of the case and since the alleged detenue submitted before us that she is not under the illegal custody of the lst respondent as alleged in the writ petition and she does not want to go along with her father, we close this writ petition. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.