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 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(Crl.).No. 307 of 2009(S) --------------------------- PETITIONER : --------------- C.JOHNY, S/O.CHELLAPPAN, T.C.3/1154. KOKKAVILA VEEDU, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: --------------- 1. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. EDISON, DHANYA BHAVAN, MRA NO. 86 A, KARIYAVATTOM P.O., THIRUVANANTHAPURAM, PIN:695581. 5. GLORY KUMARI, W/O.EDISON, DHANYA BHAVAN, MRA NO.86 A, KARIYAVATTOM P.O., THIRUVANANTHAPURAM, PIN 695581. 6. MANUEL A., 1/293 SP, PRASANTH BHAVAN, PINAKKOTTUKONAM, KARIYAVATTOM P.O., THIRUVANANTHAPURAM, PIN 695 587. 7. SUB INSPECTOR OF POLICE, PEROORKADA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.307 of 2009 ------------------------------------- Dated this the 10th day of August, 2009 JUDGMENT BASANT, J. This petition under Article 226 of the Constitution of India is filed by the petitioner alleging that the alleged detenue - Dhanya.E.G, daughter of respondent Nos.4 and 5, with whom he has allegedly entered valid matrimony under the Special Marriage Act on 13.04.09, is illegally detained and confined by respondent Nos.4 to 6 against her will, desire and volition. He has hence prayed that the said alleged detenue may be directed to be produced before the Court and permitted to go with him. 2. This petition was filed on 03.08.09. It was admitted on 04.08.09. Notice was ordered to the respondents. The case was posted to this date. 3. Today when the case came up, the petitioner and his counsel are present. Respondent Nos.4, 5 and 6 have appeared before Court. They are represented by a counsel. The alleged detenue-Dhanya.E.G has also come to Court along with respondent Nos.4 and 5. 4. In the Court, we interacted with the alleged detenue- Dhanya. She stated that she is now aged more than 18 years, W.P(Crl.) No.307 of 2009 2 she having been born on 30.08.90. We asked the alleged detenue whether she wants to meet the petitioner and have interactions with him. She answered in the negative. As the alleged detenue comes from the custody of respondent Nos.4 to 6, we permitted her to be alone in the Chamber to help us to ascertain her response thereafter at 1.45 p.m. 5. We have interacted with the alleged detenue after lunch at 1.45 p.m. She states categorically that though there is a document to show that marriage of hers with the petitioner was solemnised and registered on 13.04.09 under the Special Marriage Act, she does not now want to go with the petitioner. It is submitted that she has initiated proceedings before the Family Court to get such alleged marriage under Ext.P1 declared to be null and void. She stated that she is not under the detention of respondent Nos.4 to 6 and that she wants to go back from the Court along with respondent Nos.4 to 6. 6. We have interacted with the petitioner also in the Chamber. The petitioner repeats his apprehension that the alleged detenue is detained and confined against her wishes by respondent Nos.4 to 6. In the presence of the petitioner and his counsel the alleged detenue has again repeated that she does W.P(Crl.) No.307 of 2009 3 not want to go with the petitioner and that she is not under illegal confinement or detention by respondent Nos.4 to 6. 7. We are, in these circumstances, satisfied that the alleged detenue - Dhanya.E.G, is not under the illegal confinement or detention by respondent Nos.4 to 6. She is an adult, she having crossed the age of 18 years on 30.08.2008. We respect her wishes and desires. We are satisfied that this petition now only needs to be dismissed. 8. We do however make it clear that the dismissal of this petition will not in any way fetter the rights of both parties to raise appropriate contention before the Family Court where proceedings between them for declaration of nullity of marriage is already pending. 9. In the result, this Writ Petition is dismissed. We accept the statement of the alleged detenue - Dhanya.E.G and permit her to leave the Court along with respondent Nos.4 to 6. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-