IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(Crl.).No. 211 of 2009 -------------------------- PETITIONER: --------------- CICIL NELSON ROZARIO, AGED 49 YEARS, 16/897 B, ROSARY VILLA, UNNI RAMESH ROAD, THOPPUMPADY, COCHIN-5. BY ADV. SMT.K.T.LILLY @ LILLY JAMES SMT.P.F.ROSY RESPONDENT: --------------- 1. DOUGLAS PRAKASIA, AGED 26 YEARS, ARACKAL HOUSE, WEST KARUVELIPPADY, COCHIN-68005. 2. SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION REPRESENTED BY GOVT.PLEADER. ADV. SRI.MATHEWS K.UTHUPPACHAN FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 211 OF 2009 ============================ DATED THIS THE 9TH DAY OF JULY 2009 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to trace his daughter, the alleged detenue who has completed the age of 18 years. She was born on 11-3-1991 and she was allegedly found to be missing from 25-5-2009. Though the police had registered a crime, they were not able to trace the alleged detenue and it is at this juncture that the petitioner came to court with this petition for issue of a writ of habeas corpus. 2. This petition filed on 27-5-2009 was admitted on 28-5-2009. Notice was taken out to the respondent through special messenger. The parties were served. The alleged detenue was produced before this Court on 3-6-2009. The first respondent and the alleged detenue submitted that they are in love and they WPCrl.211/2009 -2- have decided to get married to each other. The alleged detenue asserted that she does not want to return with the father, the petitioner herein, and would like to go along with the first respondent. The first respondent and the alleged detenue are both adults, they having crossed the age of 18 years and having attained majority. In an attempt to work out a harmonious settlement and respecting the wishes of the petitioner and his wife that this Court may make arrangements to ensure that the alleged detenue, a young and bright student is permitted to complete her education, anxious attempts were undertaken to work out a harmonious settlement. There was virtual agreement between the parties that the alleged detenue can be placed in some hostel or residence of relatives other than that of the petitioner and can be permitted to continue her education and after her education or attainment of the age of 21 years, the possibility of a marriage in accordance with law between them can be contemplated. The alleged detenue and the first respondent are distantly related to each other also it was noticed. WPCrl.211/2009 -3- 3. A mediator was appointed and active efforts were encouraged by this Court in an attempt to arrive at a settlement acceptable to both sides. While those efforts were in progress, the alleged detenue who was permitted to be accommodated at Santhi Nikethan Hostel expressed a doubt that she has become pregnant in her relationship with the first respondent. They had lived together for some days, after the alleged detenue left the house of the petitioner. 4. As agreed, the alleged detenue was referred to a Gynecologist and a report has now been received from the Gynecologist at the General Hospital, Ernakulam to confirm that the alleged detenue is now pregnant. 5. Attempts to harmoniously work out a settlement continued and today it is submitted by the petitioner and his wife, who are present before court, that the alleged detenue can be permitted to leave along with the first respondent. The first respondent and the alleged detenue are keen and desirous of going back together from court. The mother of the first WPCrl.211/2009 -4- respondent is also present before court and she has undertaken that she shall look after the alleged detenue and permit her to reside along with her at her house as the wife of the first respondent. 6. The first respondent has filed an affidavit to confirm that he is responsible for the pregnancy of the alleged detenue. He has confirmed that he shall get the marriage between him and the alleged detenue solemnised/registered under the Special Marriage Act and report to the court by the next date of posting that there has been such a valid marriage entered into between them. 7. The alleged detenue is an adult major woman, she having crossed the age of 18 years even before she left the house of the petitioner. She asserts and the first respondent accepts that they have decided to get married. During the short period that they were living together they had physical relationship and the alleged detenue has now become pregnant. Such relationship and consequent pregnancy is conceded by the alleged detenue WPCrl.211/2009 -5- and the first respondent. 8. In these circumstances, we are satisfied and the petitioner and his wife accept, that the ideal course that this Court can now follow is to permit the alleged detenue to leave the court with the first respondent as desired by her. 9. In a proceedings under the habeas corpus jurisdiction, this Court need only ascertain whether the alleged detenue is under any illegal confinement or detention and when the court is satisfied that the alleged detenue is not under confinement or detention, the Court will be justified in respecting the desires of the alleged detenue, an adult person and permit her to leave the court as a free person entitled to enjoy her liberty. The propriety, morality, wisdom and prudence of the decision of detenue need not be considered by this Court. 10. We accept the said course. We see the disappointment of the petitioner and his wife who were willing to agree to any reasonable terms only on condition that their daughter must be permitted to complete her education and be equipped to free life. WPCrl.211/2009 -6- The alleged detenue having now become pregnant, they also agree that she can be permitted to leave along with the first respondent. 11. We are satisfied that no further specific directions are necessary in this writ petition now. Accordingly this writ petition is dismissed permitting the alleged detenue to leave the court along with the first respondent as desired by her and as agreed by the petitioner. But we accept the submission of the alleged detenue and the first respondent and the desire of the petitioner and his wife that the first respondent and the alleged detenue must get married in accordance with law and produce evidence before court of such solemnisation/registration of a valid marriage. We give the parties 45 days time to produce such certificate. 12. Call this petition again on 28-8-2009. The first respondent and the alleged detenue shall appear before the court on that day and shall place before the court a certificate of marriage to confirm that they have legally married. WPCrl.211/2009 -7- 13. The petitioner and his wife who are present before court agree and submit that it is in their interest also that the first respondent and the alleged detenue must now get married formally. They report that in the present circumstances they have no objection against such marriage being performed in accordance with law and are willing to express that fact before any authority. 14. We place on record our appreciation for the services rendered by the authorities of Santhi Nikethan Hostel who accepted our request to accommodate the alleged detenue with them for a long time. 15. Handover a copy of this judgment to the learned counsel for the petitioner, the respondents and the learned Government Pleader forthwith. R. BASANT, JUDGE ks. M.C. HARI RANI,JUDGE WPCrl.211/2009 -8- ks.