IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(Crl.).No. 223 of 2009(S) --------------------------- PETITIONERS: --------------- 1. DASAN PILLAI, KUNNUMPURATH HOUSE, CMC WARD.NO.19, CHERTHALA. 2. D.JAYAKUMAR, KUNNUMPURATH HOUSE, CMC WARD.NO.19, CHERTHALA. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB-INSPECTOR OF POLICE, CHERTHALA. 3. CIRCLE INSPECTOR OF POLICE, CHERTHALA. 4. RAJANEESH @ VAVA, CHANDRAPURAYIL HOUSE, NEAR KOLLAPILLI TEMPLE, KALAVAMKODAM, PATTANAKAD, CHERTHALA. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.223 of 2009 ------------------------------------- Dated this the 12th day of June, 2009 JUDGMENT BASANT, J. Petitioners - father and brother respectively of Dhanya @ Remya (born admittedly on 12.02.1987 and consequently an adult major woman), have come to this Court complaining that the said Dhanya @ Remya has been missing from 03.06.09. According to them they have reliably learnt that Dhanya @ Remya is now in the illegal custody of the 4th respondent. They prayed that a writ of habeas corpus may be issued to trace and produce the said alleged detenue and to set her at liberty. 2. This Writ Petition was admitted on 05.06.09. Notice was ordered to the respondents. Today when the matter is called, the 4th respondent along with the said Dhanya @ Remya is present before Court. As there was an apprehension expressed that the said Dhanya @ Remya, though an adult woman, is under a spell of influence under the 4th respondent, we directed that she be permitted to be alone in the Chambers and we have given time to her to think, introspect and reflect, so that she can give a proper response to us when she is questioned. At 1.45 p.m we W.P(Crl.) No.223 of 2009 2 interacted with her in the Chambers. She made a categoric statement before us that she is not under detention or confinement of anyone. She stated that she as an adult woman has taken the decision to marry the 4th respondent, with whom she has been having a relationship with a long period of time. It is further reported to us that the alleged detenue Dhanya @ Remya and the 4th respondent have entered legal matrimony, the marriage between them having been solemnised on 04.06.09 at Kalavamkodem Shakteeswaram Temple. They are both Hindus and the marriage has been performed in accordance with Hindu rights at the temple, it is submitted. 3. We have interacted with the petitioners, the 4th respondent and the alleged detenue. We have not a semblance of doubt left in our mind that the alleged detenue Dhanya @ Remya is not detained or confined by anyone. We are convinced that she is residing with the 4th respondent as his legally wedded wife on her own free will and volition. 4. In our anxiety to ensure that the parties try a settlement and resume life harmoniously, we requested the counsel for the petitioners as also the 4th respondent and the W.P(Crl.) No.223 of 2009 3 alleged detenue to explore the possibility of a settlement. We are informed that the parties have not been able to reach any settlement. 5. Be that as it may, the short question that we have to consider now is whether the alleged detenue Dhanya @ Remya, an adult woman, aged more than 22 years, is under the illegal confinement or detention of anyone. As stated we are convinced that she is not. 6. To a specific query by us, the alleged detenue has responded that she wants to leave the Court with the 4th respondent. We are satisfied that no further directions are necessary in this Writ Petition. 7. This petition is accordingly dismissed. The alleged detenue Dhanya @ Remya is permitted to leave the Court with the 4th respondent as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-