IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(Crl.).No. 432 of 2009(S) --------------------------- PETITIONER(S): --------------- BINU THOMAS, S/O.THOMAS DANIEL, MANNUR HOUSE, KATTACHIRA,PALLICKAL P.O., KAYAMKULAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE CHERPULASSERY, PALAKKAD. 2. SUB INSPECTOR OF POLICE CHERPULASSERY POLICE STATION, PALAKKAD. 3. HAMZA, ERATH HOUSE (GATIL JAMSHEENA MANZIL) ELIAPETTAH, CHERUPULASSERI, PALAKKAD. ADV. SRI.SANTHEEP ANKARATH FOR R3 SMT.P.JAYALAKSHMI FOR R3 GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.432 of 2009 ---------------------------------------- Dated this the 2nd day of November 2009 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 Nusaiba, a 21 year old woman born on 03/08/1988, who, the petitioner alleged was under the illegal custody and detention of the 3rd respondent, her father. This petition was filed on 26/10/2009. It was admitted on 27/10/2009 and the matter was posted to this date for hearing. Today when the case was called, the petitioner is present along with his counsel. The 3rd respondent has appeared before court. He is also represented by his counsel. The alleged detenue Nusaiba has come to court along with the 3rd respondent. 2. In court, we ascertained from the alleged detenue that she is aged 21 years - date of birth 03/08/1988. She confirmed that the 3rd respondent is her father and that she knew the petitioner. To a specific query by us in court, she stated that she does not want this court to give her permission to interact with W.P.Crl No.432/09 2 the petitioner. As the alleged detenue comes from the custody of the 3rd respondent, we wanted to give her sufficient time to coolly reflect and take a decision. We hence did not ascertain her response in court. We allowed her to remain alone in the chamber without interaction with anyone including the 3rd respondent, her father. 3. After the lunch recess - that is after giving her about three hours time to think for herself and decide on the response to us, we interacted with her and she stated categorically that she is not under the illegal custody or detention of the 3rd respondent or anyone else. She admitted that she knew the petitioner Binu Thomas as a student, who studied along with her at B.C.A course at Coimbatore. But according to her, she does not want to marry the petitioner or be with him. In response to our specific query, she stated that she wants to return along with her father, the 3rd respondent and does not want to go with the petitioner. We interacted with the alleged detenue alone initially and thereafter in the presence of her father and subsequently in the presence of the petitioner. The learned counsel for both sides and the learned Government Pleader were also present. W.P.Crl No.432/09 3 4. We are now satisfied that the alleged detenue Nusaiba is not under illegal custody or detention of the 3rd respondent. The 3rd respondent and the alleged detenue submit before us that the Nikah of the alleged detenue is scheduled to take place on 05/11/2009 and the marriage (consummation) on 20/12/2009. We are satisfied that no further directions are necessary in this writ petition. 5. In the result, a) This writ petition is dismissed. b) The alleged detenue Nusaiba is permitted to leave the court along with the 3rd respondent, her father, as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.432/09 4 W.P.Crl No.432/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009