IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(Crl.).No. 267 of 2009(S) --------------------------- PETITIONER(S): --------------- SHINO JOSEPH, S/O.K.C.JOSEPH, AGED 26 YEARS, KARIMBANACKAL HOUSE, KOZHIPALLY P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, KERALA. BY ADV. SRI.N.C.SAJITH SMT.T.J.MARIA GORETTI RESPONDENT(S): --------------- 1. STATE OF KERALA, SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KADUTHURUTHY, KOTTAYAM. 2. JOSEPH, AGED 55 YEARS, PATTIYALIL HOUSE, MUTTUCHIRA P.O., KADUTHURUTHY. BY G.P. SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.267 of 2009-S ------------------------------------------------- Dated this the 13th day of July, 2009 JUDGMENT Basant,J. The petitioner - a young man, aged 26 years, has come to this Court with this application for issue of a writ of habeas corpus to search for, trace and produce the alleged detenue Ms.Elizabeth Joseph - a young woman, aged about 22 years, who is allegedly being detained by her father - the 2nd respondent herein. 2. This petition was filed on 8/7/09. The same was admitted on 9/7/09. The case was posted to this date. 3. Today, when the case was called, the petitioner and the 2nd respondent along with their counsel are present. The alleged detenue has appeared along with the 2nd respondent. At the time when the matter was discussed in Court, the W.P.(Cri) No.267 of 2009-S -: 2 :- learned counsel for the 2nd respondent submitted that the 2nd respondent, though he was initially reluctant to the idea of the petitioner marrying his daughter, is now willing to give her in marriage to the petitioner herein; but submitted that he wants time to get the approval of the members of his family and perform the marriage. 4. We felt that it must be possible for the parties to work out a harmonious settlement. We requested both counsel to interact with the parties and to place before us definite proposals about such harmonious settlement. 5. After the lunch recess, we interacted with the petitioner, the 2nd respondent and their counsel as also the alleged detenue and the mother of the petitioner. 6. We are sorry to note that the parties are not able to reach any harmonious settlement. The alleged detenue asserts that she does not want to return along with her father notwithstanding the assurance of the father that the marriage shall be performed by the 15th of September, 2009. The alleged detenue is a young woman aged 22 years, she having been born on 14/12/86. 7. We are not, in a petition for habeas corpus, concerned with the correctness, morality, prudence or wisdom of the W.P.(Cri) No.267 of 2009-S -: 3 :- alleged detenue. We respect her wishes as an adult citizen. She is emphatic that she does not want to return along with her father - the 2nd respondent, and would like to go with the petitioner here and now. In the light of the definite stand taken by the alleged detenue, we are satisfied that this writ petition is only to be allowed with appropriate directions. 8. This writ petition is accordingly allowed. The alleged detenue, aged 22 years, (date of birth is 14/12/86) an adult citizen, is permitted to leave this Court on the basis of her own wishes and desires. She states that she would like to return with the petitioner and is permitted to do so as desired by her and as agreed by the petitioner and his mother. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //TRUE COPY// P.S. to Judge W.P.(Cri) No.267 of 2009-S -: 4 :-