IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(Crl.).No. 30 of 2009(S) -------------------------- PETITIONER: --------------- MUHAMOOD K.S.,S/O. KUNHI MAMMOO, AGED 49 YEARS, KANDOTH HOUSE, P.O. KARIYAD (VIA), PERINGADI 670 316. BY ADV. SRI.V.RAJAGOPAL SRI.P.K.MADHUSOODANAN RESPONDENTS: --------------- 1. SHAJI, S/O. LATE NANU, DRIVER, SIBIN NIVAS, KACHERI PARAMBATH OLAVILAM 670 313, THALASSERY TALUK. 2. DY. SUPERINTENDENT OF POLICE, THALASSERY, 3. SUB INSPECTOR OF POLICE, CHOKIL POLICE STATION, CHOKIL. ADV. SRI.K.S.MADHUSOODANAN FOR R1 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR R1 G.P.SRI. NOBLE MATHEW THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF AFFIDAVIT OF NOUSHAD DTD 5.2.09. EXT.P2 COPY OF AFFIDAVIT OF SHAMEER DTD 5.2.2009. EXT.P3 COPY OF AFFIDAVIT FILED BY THE DETENU RESPONDENTS' EXHIBITS: EXT.R1(a) COPY OF THE DOCUMENT OF CONVERSION ISSUED BY THE ARYA SAMAJ SECRETARY, KOZHIKODE. EXT.R1(b) COPY OF THE MARRIAGE CERTIFICATE IN RESPECT OF THIS RESPONDENT AND THE DETENU IS PRODUCED. EXT.R1(c) COPY OF THE RELEVANT PAGE OF VOTERS LIST 2009 OF VADAKARA PALIAMENT CONSTITUENCY. EXT.R1(d) COPY OF THE DAY STUDENT EXIT PASS OF ANSAR WOMEN'S COLLEGE DTD 23.1.09. EXT.R1(e) COPY OF THE PHOTOS SHOWING MARRIAGE CEREMONIES EXTR1(f) COPY OF THE SSLC BOOK SHOWING DATE OF BIRTH OF ANJALI @ AFSIRA. /TRUE COPY/ cl A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.30 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of April, 2009 JUDGMENT Basheer, J: Ms. Afseera, the daughter of the petitioner, is present in court. Her mother, younger brother and two of her uncles are also present. We are informed that the petitioner, the father of the alleged detenu, had to leave the country to resume his duty in the United Arab Emirates, where he is employed. 2. Ms. Afseera stated before us that she had been staying with Smt. Jameela, the person in charge of the College Hostel, and her mother in Trichur. She further stated that she intends to go and live with her parents. She is also keen to complete her BBA course. 3. It is true that in the counter affidavit respondent No.1 has contended that the alleged detenu had obtained “day student exit pass” for 30 minutes from her college (Ansar Womens' College, Thrissur) on January 23, 2009 on her own accord and gone and joined him at Kozhikode, from where they went to Vadakara. It is further averred by respondent No.1 that the detenu had converted to Hinduism and married him on the next day viz. January 24, 2009 in accordance with Hindu religious rites. It is further contended by him that the detenu being a major (she was born on 22/5/1990) as on the date of her conversion and marriage and since she had done so on her own accord, it cannot be said that she was illegally detained by him. 2 W.P.(Crl)No.30/09 Thus it is contended that the detenu is his legally wedded wife. 4. This writ petition came up for admission on January 27, 2009. The detenu was produced before the Court on January 29, 2009. From our interaction with the detenu we were convinced that she had to be given some time to contemplate and to take an informed decision since she appeared to be in a confused state of mind. Therefore she was allowed to go with her parents. 5. Thereafter she had appeared before this Court on February 6, 2009. On that day she stated before us that she wanted to go and stay with her parents for the time being. We allowed her to do so. Thereafter the case was posted on March 16, 2009. On that day she informed us that she would stay with Smt.Jameela, the person in charge of the hostel under the Trust which is running the college where she is studying. Accordingly she was permitted to do so. 6. Today when the detenu appeared before us we had interacted with her at length. From our interaction with Ms. Afseera, we are satisfied that she has taken the decision to go and live with her parents after introspection and due deliberation. We had permitted her to take her own decision as desired by her. 7. In the above facts and circumstances, no further orders are necessary to be passed in this writ petition. We allow Ms. Afseera to go with her mother and uncles who are present in court. 3 W.P.(Crl)No.30/09 The orders dated 29th January, 6th February and 16th March, 2009 shall form part of this judgment. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 4 W.P.(Crl)No.30/09 5 W.P.(Crl)No.30/09 A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.30 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2009 O R D E R Basheer, J: Ms. Afseera, the alleged detenu, has appeared before the court along with her parents and Smt. Jameela, the person in charge of the orphanage under Al Ansar Trust. 2. Ms. Afseera stated before us that she would like to stay with Smt. Jameela for the time being. It is brought to our notice that the parents of Ms. Afseera had also been staying with her and Smt. Jameela for the last few days. Ms. Afseera further stated that she would like to have some more time to introspect. In the facts and circumstances, we allow the prayer. Call on April 2nd, 2009. 6 W.P.(Crl)No.30/09 (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 7 W.P.(Crl)No.30/09