IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(Crl.).No. 30 of 2011(S) -------------------------- PETITIONER(S): --------------- 1. SOLOMON T.JOSE,R/A.JOSE BHAVAN, PANAYAM P.O.,PERINAD, KOLLAM 2. NAUSHAD M.A.,R/A.2C,KB APARTMENTS ELAMKULAM JN KADAVANTHARA P.O.,ERNAKULAM BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION,KOLLAM 2. SUPERINTENDENT OF POLICE KOLLAM DIST 3. MANEESH, S/O.LATE UNNIKRISHNAN PILLAI MULACKAL HOUSE,NEAR COLLEGE OF ENGINEERING PERUMON P.O.,KOLLAM 4. SUB INSPECTOR OF POLICE, PALARIVATTOM. (IMPLEADED AS PER ORDER DT. 27,.1.2011 IN WPCR 30/2011.) R1 & R2 BY GOVT. PLEADER SHRI. KAMMAPPU ADV. SRI.O.V.MANIPRASAD FOR R3 SRI.SAJU J PANICKER FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 30 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 JUDGMENT Joseph, J. This Writ Petition is filed seeking a writ of Habeas Corpus for producing the sister of the first petitioner. The petitioner is the brother of the alleged detenue. Allegation is made against the third respondent. 2. When the matter came up before the court on 2.2.2011, we had noted that the detenue, who was present, said that she went on her own and that she is aged 21 years and the third respondent is aged 28 years of age. We noticed that there was no valid marriage. We also noted that notice was given for registration of the marriage under the Special Marriage Act. She was directed to reside in the Santhinikethan hostel. We further noticed that as per order dt.17.2.2011 the case was posted to 14.3.2011 for production of the alleged detenue. W.P.(Crl).No. 30 of 2011 2 3. The court had taken note of the contention of the third respondent that the third respondent had remitted the requisite fee before the Sub Registrar's office, Kundara for registering the marriage. The court directed that the detenue should not be permitted to go outside the hostel. 4. Today when the matter came up, learned counsel for the petitioner and the learned counsel for the third respondent would submit that time is now ripe for getting the marriage registered as 30 days period is over. In such circumstances we direct that the alleged detenue be allowed to go for registering the marriage with the third respondent. The parties shall produce the certificate of marriage. For production of the marriage certificate, call this case on 23.3.2011. 5. This Writ Petition is disposed of as above. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm W.P.(Crl).No. 30 of 2011 3 K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 30 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 O R D E R Today the alleged detenue was produced. We interacted with the alleged detenue and the third respondent. The alleged detenue would say that she went on her own . She is aged 21 years and the third respondent is aged 28 years. There is no valid marriage as such now. The alleged detenue and the third respondent submit that notice has already been issued for the registration of the marriage under the Special Marriage Act. 2. Learned counsel for the petitioners prays that in the circumstances of the case, the detenue may be directed to reside in a hostel till the marriage is solemnised. In such circumstances we direct the alleged detenue to reside in the Santhinikethan Hostel, near Lourdes Hospital, Ernakulam. She will be produced before this Court on 17.2.2011. The first petitioner will meet the expenses for the stay of the alleged detenue in the hostel. Both the petitioners and the third W.P.(Crl).No. 30 of 2011 4 respondent can have access to the alleged detenue, during visiting hours. A woman constable, not in uniform, will accompany the alleged detenue to the hostel and also on 17.2.2011 when she comes to this Court. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm