IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(Crl.).No. 376 of 2010(S) --------------------------- PETITIONER: --------------- FERNANDEZ.T.V,THAYIL HOUSE,POLLETHAI.PO, ALLEPPEY-688 567. BY ADV. SRI.MANU TOM RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY HOME DEPARTMENT,THIRUVANANTHAPURAM. 2. S.I.OF POLICE,KAYAMKULAM POLICE STATION. 3. SHEEJA BASHEER,VELLALAYATHU,KANNAMPALLY BHAVAN,KAYAMKULAM.P.O,PIN-690502. 4. BASHEER @ POOKAYTHANGAL,VELLALAYATHU PURAYIDOM,IK JUNCTION,KAYAMKULAM. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.VINCENT JOSEPH FOR R4 SRI.M.R.ARUN KUMAR FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.376 of 2010 ***************************** Dated this the 29th day of October, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by us on 24.09.2010, 01.10.2010 and 04.10.2010. 2. Today when the case is called, the petitioner is present. Along with him, his mother Rosamma and his maternal uncle Jose have come to Court. He is represented by a counsel. Respondents 3 and 4 are not present before Court. They are not represented by any counsel also. The alleged detenue has been brought to Court from Santhi Niketan hostel. 3. The alleged detenue was sent to Santhi Niketan hostel on 04.10.2010. She has been residing there from that date. 4. The alleged detenue asserts today that she stands by her decision that she wants to go along with the petitioner herein. She is an adult major woman, she having crossed the age of 22 years (date of birth - 10.09.1988). She has completed her T.T.C course. She is a student of the final year B.A course now. The petitioner and the alleged detenue have already given notice to get their marriage solemnised and registered under the W.P(Crl) No.376 of 2010 2 Special Marriage Act. That notice was given on 29.09.2010. The petitioner and the alleged detenue pray that they may be permitted to leave the Court and proceed to the Marriage Officer to get their marriage registered at the earliest. The mother and the maternal uncle of the petitioner submit that they accept the relationship between the petitioner and the alleged detenue and they have no objection against the same. 5. We are, in these circumstances, satisfied that this Writ Petition can be allowed and appropriate further directions can be issued. 6. In the result: a) This Writ Petition is allowed; b) The alleged detenue is permitted to leave Court along with the petitioner as desired by her; c) We accept the submission of the petitioner, the alleged detenue, the mother of the petitioner and his maternal uncle that the marriage between the petitioner and the alleged detenue shall be solemnised and registered at the earliest, in any case within a period of 3 days from this date; d) We accept the submission of the petitioner, the alleged detenue, petitioner's mother and maternal uncle that the W.P(Crl) No.376 of 2010 3 alleged detenue and the petitioner shall not and shall not be permitted to cohabit as husband and wife till their marriage is solemnised and registered under the Special Marriage Act. e) We record the submission of the petitioner and the alleged detenue that certificate of their marriage shall be produced before the next date of posting. 7. Call on 12.11.2010 for production of the marriage certificate with a copy thereof. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/