IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(Crl.).No. 79 of 2009(S) -------------------------- PETITIONER: --------------- NIZAMUDDEEN, S/O. NUGUMUDDEEN, VAYALARIKATHU VEEDU, MOSQU LANE, KESAVADASAPURAM,PATTOM VILLAGE, THIRUVANANTHAPURAM DIST. BY ADV. SRI.G.SUDHEER RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 3. SASI, S/O. KESAVAN, KANDATHIL VEEDU, CHENNILODE, ANAMUGHAM WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT , MAHILAMANDIRAM, SOCIAL WELFARE DEPARTMENT, POOJAPPURA, THIRUVANANTHAPURAM. BY P.P.SRI.S.U. NAZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE TRANSFER CERTIFICATE TO PROVE THE DATE OF BIRTH OF ATHIRA K.S. ISSUED BY ST. MARY'S HIGHER SECONDARY SCHOOL, PATTOM. EXT.P2 COPY OF THE FIR IN CROME NO.95/09 OF MEDICAL COLLEGE POLICE STATION UNDER SECTION 306(1)(C) (mp) DTD 9.2.2009. EXT.P3 COPY OF PETITION FILED BY SAID ATHIRA BEFORE THE LEARNED MAGISTRATE SEEKING HER RELEASE WITH PETITIONER DTD 11.2.2009. EXT.P4 COPY OF PAPER PUBL;ICATION IN MATHRUBHOOMI DAILY DATED 12.2.2009. EXT.P5 COPY OF ORDER DTD 11.2.2009 IN CMP.NO.1660/09,1063/09 & 1064/09 PASSED BY THE ADDL.CJM, THIRUVANANTHAPURAM. A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.79 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2009 JUDGMENT Basheer, J: Petitioner, who is admittedly 22 years old, claims that he is in love with Ms. Athira, daughter of respondent No.3. He further says that Ms. Athira is also deeply in love with him and both of them have decided to get married. His parents are also prepared to respect his sentiments and wishes. 2. But, according to the petitioner, respondent No.3 is opposed to the alliance. He has been harassing Ms. Athira as she was not prepared to terminate the relationship. It was in the above circumstances that Ms. Athira left her parental home on February 08, 2009, and joined the petitioner. Subsequently Ms. Athira was taken into custody by the police and produced before the Additional Chief Judicial Magistrate's Court, Trivandrum on February 11, 2009. The learned Magistrate after recording the statement of Ms. Athira and her father, was constrained to send Ms. Athira to Mahilamandiram, Trivandrum, since, according to the learned Magistrate, her father was not willing to take her with him on the face of her stubbornness to go with the petitioner. 3. When this petition came up for consideration for admission on February 25, 2009 notice was ordered to the 2 W.P.(Crl.)No.79/09 respondents. 4. It is brought to our notice by learned Government Pleader that Ms. Athira was produced before the learned Additional Chief Judicial Magistrate on February 26, 2009 from Mahilamandiram. She stated before the learned Magistrate that she was prepared to go with her parents and accordingly, the learned Magistrate had allowed her to do so. Ms. Athira has been living with her parents since the above date. 5. Petitioner, respondent No.3 and Ms. Athira are present. We have interacted with the parties. Ms. Athira has admittedly just crossed 18 years of age. She stated before us that she is studying for Plus-2 course. She is keen to study for M.B.A after finishing the Plus-2 course. She further stated before us that she is prepared to go with her parents. 4. Petitioner on his turn submitted before us that he is prepared to take Ms. Athira along with him and marry her, if she is prepared to go with him. He further stated that his parents have also agreed to accept Ms. Athia as their daughter-in-law. In fact, petitioner's father, who is also present in court, submits before us that he has no objection in accepting Ms. Athira as his daughter, if her parents have no objection and if that is the wish of his son. 6. Having regard to the entire facts and circumstances and in view of the categoric statement made by Ms. Athira that she wants to pursue her studies, we are of the view 3 W.P.(Crl.)No.79/09 that she has to be allowed to go with her parents. Even though she crossed the age of 18, she does not appear to be a mature girl. Necessarily she has to get the care, love and affection of her parents at this critical juncture in her life. Therefore, we allow Ms. Athira to go with her parents. The writ petition is closed. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 4 W.P.(Crl.)No.79/09