IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(Crl.).No. 204 of 2009(S) --------------------------- PETITIONER: --------------- RANJITH, AGED 24 YEARS, S/O.SUBRAHMANI, LEKSHMI NIVAS, KIZHAVOOR, MUGHATHALA (PO), KOLLAM. BY ADV. SMT.I.S.LAILA RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY CHIEF SECRETARY, STATE OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, S.P.OFFICE, KOLLAM. 3. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM. 4. SHRI.SATHYA RAJ, BINDHU BHAVAN, KIZHAVOOR, MUGHATHALA (PO), KOLLAM. 5. SHRI.BINU, S/O.SATHYA RAJ, BINDHU BHAVAN, KIZHAVOOR, MUGHATHALA (PO), KOLLAM. ADV. SRI.S.SUNIL NARAYANAN FOR R4 & R5 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.204 of 2009 ------------------------------------- Dated this the 9th day of June, 2009 J U D G M E N T BASANT, J. Petitioner and the alleged detenue are present. It is submitted that the marriage has already been solemnised on 04.06.09 between 8 and 8.15 a.m at Sree Kochu Kodungallur Bhagavathi Temple, Olayil, Kollam. Copy of the certificate issued by the Secretary of the Temple is produced. It is submitted that steps have already been taken to get the marriage registered under the relevant provisions of the Hindu Marriage Act and Rules. There is no representation for respondent Nos.4 and 5. The learned counsel for the petitioner submits that relatives of the girl have not co-operated and they have not attended the marriage. 2. We are satisfied that A formal and legal marriage has already been performed. It is not necessary to keep this petition pending any longer or issue any further directions. W.P(Crl.) No.204 of 2009 2 3. This Writ Petition is accordingly dismissed as unnecessary now with the above observations. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- W.P(Crl.) No.204 of 2009 3 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.204 of 2009 ------------------------------------- Dated this the 1st day of June, 2009 ORDER BASANT, J. Petitioner has come to this Court complaining that Ms.Vineetha, aged 19 years, daughter of the 4th respondent and sister of the 5th respondent, is being detained illegally by respondent Nos.4 and 5. Notice was ordered to the respondents and today the said alleged detenue Ms.Vineetha has appeared before this Court along with the 4th respondent. In Court when the said Vineetha was asked whether she was under illegal confinement/detention by anyone, she cautiously stated that she W.P(Crl.) No.204 of 2009 4 was not under custody or confinement by the 4th respondent or 5th respondent, but she wants to leave with the petitioner herein. The parties were given ample time to work out a harmonious settlement. But they have not been able to arrive at any settlement. The girl has crossed the age of 18 years and she having stated that she is not under the illegal confinement or detention by anyone, we are satisfied that no further directions need be issued in this case. 2. The 4th and 5th respondents, along with whom the alleged detenue Ms.Vineetha has come to this Court today, now submit that they are not willing to take the alleged detenue Ms.Vineetha along with them and she is at liberty to go with whomsoever she likes. The petitioner herein, who has come to this Court along with his parents, sister etc., submits that he and his parents are willing to take Ms.Vineetha with them, ensure that a proper legal marriage is entered into between them and that fact is reported to this Court on the next date of posting if the case is posted to a near date. The learned counsel for respondent Nos.4 and 5 submits that such course can be followed by this Court and respondent Nos.4 and 5 have expressed their inability/unwillingness to take Ms.Vineetha with W.P(Crl.) No.204 of 2009 5 them. Ms.Vineetha in reply to questions by this Court asserts that she wants to leave with the petitioner herein. 3. In the nature of the facts and circumstances of this case we are satisfied that Ms.Vineetha can now be permitted to leave the Court with whomsoever she wants she having attained majority and she having stated that she is not under the illegal confinement and detention by anyone. But the learned counsel for the petitioner submits that the case may be posted a week hence, so that it can be reported to the Court that a legal and valid marriage has taken place between the petitioner and the said Ms.Vineetha. 4. Call this petition again on 09.06.09 for final disposal. Ms.Vineetha is permitted to leave the Court with the petitioner and his parents as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-