IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(Crl.).No. 186 of 2011(S) PETITIONER: BASHEER.A., S/O.ABDULKHADER, CHARUVILA PUTHEN VEEDU, EDAMON P.O., PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, POLICE HEAD QUARTERS, KOLLAM-1. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR P.O., KOLLAM-691305. 3. THE CIRCLE INSPECTOR OF POLICE, KALATHUPUZHA P.O., KOLLAM- 691310. 4. THE SUB INSPECTOR OF POLICE, THENMALA POLICE STATION, PUNALUR P.O., KOLLAM, PIN 691305. 5. THE SUB REGISTRAR (MARRIAGE OFFICER UNDER SPECIAL MARRIAGE ACT), OFFICE OF THE SUB REGISTRAR, CHITHARA, CHITHARA P.O., KADAKKAL, KOLLAM-691559. 6. SRI.AJMAL KHAN, S/O.SHARAFUDHEEN, MULLANIPACHA MAFASSU, THULASIMUKKU, KUMMIL P.O., KADAKKAL, KOLLAM, PIN 691 536. 7. SRI.SHARAFUDHEEN, MULLANIPACHA MAFASSU, THULASIMUKKU, KUMMIL P.O., KADAKKAL, KOLLAM 691 536. 8. SMT.NAZEEMA BEEVI, W/O.SHARAFUDHEEN, MULLANIPACHA MAFASSU, THULASIMUKKU, KUMMIL P.O., KADAKKAL,KOLLAM 691 536. 9. SRI.RIJAS KHAN, S/O.SHARAFUDHEEN, MULLANIPACHA MAFASSU, THULASIMUKKU, KUMMIL P.O., KADAKKAL,KOLLAM 691 536. R6 TO R8 BY ADV. SRI.MANOJ RAMASWAMY SRI.K.SURESH BABU (PUNALUR) GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM LAKESHORE HOSPITAL, ERNAKULAM. EXT.P2 TRUE COPY OF THE FIR AND FIS IN CRIME NO.286/2011 OF THENMALA POLICE STATION. EXT.P3 TRUE COPY OF THE OBJECTION DATED 28.3.2011 FILED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT. RESPONDENTS' EXHIBITS: TRUE COPY OF MARRIAGE CERTIFICATE DATED 27.4.2011. //TRUE COPY// AHZ/ K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------------------ W.P.(Crl) NO. 186 OF 2011 ------------------------------------------------------------------ Dated this the 3rd day of May, 2011 JUDGMENT K.T.Sankaran, J. The petitioner alleges that his daughter Nisha, aged 26 years, is illegally detained by respondents 6 to 9. 2. When the Writ Petition came up for hearing on 8.4.2011, the following order was passed: “The petitioner is the father of the alleged detenue. The illegal detention is alleged against respondents 6 to 9. 2. Today the alleged detenue was present. Her parents and respondents 7 and 8 were also present. 3. We heard the learned counsel appearing for the parties. 4. The alleged detenue would say that she has gone on her own and she is married to the sixth respondent. Notice under Special Marriage Act has been given on 24.3.2011. W.P.(CRL). NO.186 OF 2011 :: 2 :: 5. The parents of the alleged detenue opposed the alliance. The father of the alleged detenue says that there is no marriage in law. Learned counsel for the petitioner will also point out that there is no legal marriage. 6. The alleged detenue would say that she may be permitted to live with the 6th respondent and that her presence is highly necessary for his recovery. After some discussions, we feel that the following orders can be passed: The alleged detenue is today permitted to go with respondents 7 and 8. She can reside in the house of respondents 7 and 8 for today. But she must return back tomorrow (9.4.2011) to the house of the petitioner and reach there before 5 p.m. Thereafter from 10.4.2011, everyday she is permitted to go to the house of respondents 7 and 8 in the morning. But she must return back to the house of the petitioner and reach there before 5 p.m., on every day. Respondents 6 to 9 shall not stand in the way of the alleged detenue going back to her house, so that she reaches the house of the petitioner every day before 5 p.m. 7. We make it clear that after today the alleged detenue shall not spend the night in the house of respondents 7 and 8. The petitioner and his wife and other relatives of the alleged detenue will not intimidate or threaten her in any manner, when W.P.(CRL). NO.186 OF 2011 :: 3 :: she is at the house of the petitioner, against the alliance with the sixth respondent. However, it is open to the parents of the alleged detenue to offer parental advice. Respondents 6 to 9 also shall not threaten or intimidate the alleged detenue so that the alliance with the 6th respondent takes place. The parents and other relatives of the alleged detenue shall not compel the alleged detenue to go for any religious counselling. 8. We request Dr.P.S.John, who is the doctor treating the sixth respondent to send a report in a sealed cover indicating the condition of the sixth respondent, whether he can lead a normal married life within a reasonable time, and if so, ; what time. 9. The petitioner shall produce the alleged detenue before this Court on 29.4.2011.” 3. On 29.4.2011, this Court passed the following order: “The petitioner, his wife, the seventh respondent and Nisha, the alleged detenue, are present. It is stated by Nisha and the learned counsel appearing for respondents 6 to 8 that the marriage between Nisha and Ajmal Khan was registered under the Special Marriage Act. 2. The petitioner and his wife submitted that there was no legal marriage. W.P.(CRL). NO.186 OF 2011 :: 4 :: 3. As per the order dated 8th April, 2011, Dr.P.S.John, who was treating the sixth respondent, was requested to send a report in a sealed cover indicating the health condition of the sixth respondent Ajmal Khan. The report is not seen received. 4. The learned counsel appearing for respondents 6 to 8 submitted that copy of the order dated 8.4.2011 as well as copy of this order would be served on Dr.P.S.John. Issue copy of the order dated 8.4.2011 and copy of the order passed today to the learned counsel appearing for respondents 6 to 8. 5. Post on 3.5.2011. The petitioner and Nisha shall be present on that day. The interim arrangement as per the order dated 8th April, 2011 shall continue till 3.5.2011.” 4. Dr.P.S.John, who had treated the sixth respondent Ajmal Khan, has filed a report dated 29.4.2011. The report indicates that Ajmal Khan is having quadriplegia (Paralysis of all the four limbs and trunk below neck) following a road traffic accident on 16th September, 2007, while he was in Delhi. He underwent a surgery in Delhi. Later, he was treated at Lakeshore Hospital at Cochin on 21.1.2008. Ajmal Khan had undergone W.P.(CRL). NO.186 OF 2011 :: 5 :: stem cell therapy. Dr.P.S.John stated in the report that a new treatment strategy was adopted for spinal cord regeneration. Seven sittings were attended by Ajmal Khan for spinal cord regeneration therapy. Dr.P.S.John also states that there is steady improvement. However, he has also reported that at this stage, it is difficult to say whether Ajmal Khan will be able to lead a normal married life within a reasonable time. 5. Respondents 6, 7 and 8 produced before Court the certificate of marriage dated 27.4.2011 issued by the Marriage Officer. The certificate shows that on 27.4.2011 the marriage between Sri.Khan S.A. and Nisha.B was solemnized. The learned counsel for respondents 6 to 8 submitted that Khan S.A. mentioned in the marriage certificate is the sixth respondent Ajmal Khan. 6. In view of the fact that the marriage between Ajmal Khan and Nisha took place, it cannot be said that Nisha is under the illegal detention of respondents 6 to 9. Nisha appeared in person and she stated that she is free and she is going to her husband's house in terms of the interim order passed by this Court. She expressed her desire to stay permanently in the husband's house. W.P.(CRL). NO.186 OF 2011 :: 6 :: In view of the fact that Nisha is not under the illegal detention, no further orders are required in the Writ Petition. The Writ Petition is, accordingly, closed. (K.T.SANKARAN) Judge (M.L.JOSEPH FRANCIS) Judge ahz/