IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(Crl.).No. 319 of 2011(S) -------------------------------------- PETITIONER: ------------------- VAHEEDA, AGED 40, D/O. KHADEEJA BEEVI, CHITHIRA, MAVELI NAGAR, VAMANAPURAM, VAMANAPURAM VILLAGE, NEDUMAGAND TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS: ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL DIVISION, ATTINGAL, THIRUVANANTHAPURAM, PIN CODE - 695 101. 2. THE CIRCLE INSPECTOR OF POLICE, ATTINGAL CIRCLE, ATTINGAL, THIRUVANANTHAPURAM, PIN CODE - 695 101. 3. THE SUB INSPECTOR OF POLICE, VAMANAPURAM POLICE STATION, THIRUVANANTHAPURAM, PIN CODE - 695 606. 4. SANGEETH, MADATHIL VEEDU, KUDAVOOR, ANAYARA.P.O, THIRUVANANTHAPURAM, PIN CODE - 695 029. R1 TO R3 BY GOVT. PLEADER SRI. C.M. KAMMAPPU, R4 BY ADV. SRI.A.AHZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.319/2011-S: APPENDIX PETITIONERS' EXHIBITS: NIL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(Crl) NO: 319 OF 2011 ----------------------------------------------------------- Dated this the 4th July, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. This writ petition is filed alleging that the petitioner's daughter Shahana Sharaf is under illegal detention of the fourth respondent. The alleged detenue is present. The fourth respondent is also present. His parents are present. The petitioner is present. We are shown a copy of the birth certificate of the alleged detenue which shows that she is now more than 18 years of age. We spoke to her. She is clear and coherent in thought and expression. She has the ability to take decisions for herself. Though only a student of the plus two course, she has decided to live with the fourth respondent Sangeeth. His parents told us that the alleged detenue now resides in Sangeeth's home along with his parents. Today, fourth respondent's father has also filed an affidavit that the parents of the fourth respondent have no objection in solemnizing the marriage between Sangeeth and Shahana Sharaf in accordance with the Special Marriage Act and that she WP(Crl) 319/2011 2 will be safely taken care of by them and she will be free to reside with them. We record this in the light of the fact that a matrimonial tie as recognizable in law between Shahana Sharaf and Sangeeth is yet to culminate by the proceedings under the Special Marriage Act. However, having regard to the affidavit of Mr. Gopakumar, the father of the fourth respondent, we record that the alleged detenue goes from this Court along with the said Gopakumar and his wife Sathi, the parents of the fourth respondent. Under such circumstances we close the writ petition. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj WP(Crl) 319/2011 3