IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(Crl.).No. 64 of 2010(S) -------------------------------------- PETITIONER(S): ------------------------ SIMON TOM, S/O. THOMAS, AGED 40 YEARS, KARITHURUTHEL HOUSE, KALLARA SOUTH P.O., KOTTAYAM, NOW RESIDING AT H.NO.753, JANTA FLATS, GTB ENCLAVE, DILSHAD GARDEN, DELHI-93. BY ADVS.MR.P.F.FRANCIS, MR.RADHAKRISHNA PILLAI.G. RESPONDENT(S): --------------------------- 1. ABRAHAM, PANAMPEEDIKAYIL HOUSE, EDAVETTY P.O., THODUPUZHA. 2. CHINNAMMA ABRAHAM, W/O. ABRAHAM, PANAMPEEDIKAYIL HOUSE, EDAVETTY P.O., THODUPUZHA. 3. SUNNY, VELIYATHU HOUSE, NEENDUR, KURUMALLOOR, ETTUMANOOR, KOTTAYAM DISTRICT. 4. JOSE, POOZHIKUNNEL HOUSE, NEENDUR, KURUMALLOOR, ETTUMANOOR, KOTTAYAM DISTRICT. 5. JOY THOMAS, AGED 48 YEARS, CHETTIDATHU HOUSE, PERUMBAIKADU, SAMKRANTI,KOTTAYAM. 6. STEPHEN THOMAS, AGED 37, CHETTIDATHU HOUSE, SAMKRANTI, KOTTAYAM. 7. THE CIRCLE INSPECTOR OF POLICE, THODUPUZHA. R1 TO R5 BY ADV. MR.LIJI.J.VADAKEDOM BY ADV. MR. D. KISHORE R7 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(Cr.) NO.64/2010 S APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MARRIAGE AGREEMENT DTD. 19/04/2000. P2: COPY OF THE BIRTH CERTIFICATE ISSUED BY THE ETTUMANOOR GRAMA PANCHAYAT. RESPONDENT'S ANNEXURE: ANNEXURE 1: COPY OFTHE MARRIAGE CERTIFICATE DTD. 10/02/2010. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(Crl).No.64 OF 2010 ------------------------------------------- Dated this the 16th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.The alleged detenue, who is not a respondent, is present with her child. She has also sworn to an affidavit. We have seen her and are satisfied that she is not under illegal detention of any person. She says that she is a Nurse in Jordan and she is due to go back to her place of work. 2.Even going by the pleadings of the petitioner, he and the alleged detenue entered into Ext.P1 agreement of marriage, which, going by the repeated pronouncements of the Apex Court and of this Court, does not amount to a marriage in the eye of law. But the fact of the matter remains that though the detenue says that she had been repeatedly requesting the petitioner to marry her but was neglected, the petitioner WP(Crl).64/10 2 would say that he wanted to accept her as his wife through a ceremonial marriage in the church. There was no such legal matrimonial union and as of now, the detenue says that she has undergone a marriage as per Christian rites with Sri.Monish, on 21.1.2010. She would say that this writ petition is filed only on coming to know of such marriage. 3.While the petitioner would say that he last saw the alleged detenue while he saw her off to Jordan from Delhi and that he had expended funds even for her flight ticket, the detenue would say that the funds were expended by her parents which was deposited in the petitioner's brother-in-law's account and that after she went to Jordan, there was no relationship between her and the petitioner. 4.In the aforesaid view of the matter, we are satisfied that there is no ground to issue any direction in this writ petition. The writ petition fails. The same is accordingly dismissed. WP(Crl).64/10 3 The affidavit filed by the alleged detenue and the affidavit of the petitioner dated today are recorded and will form part of the file. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.17/02.