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 6TH JULY 2009 / 15TH ASHADHA 1931 WP(Crl.).No. 247 of 2009(S) --------------------------- PETITIONER(S): --------------- MURALIDHARAN NAIR, AGED 48 YEARS, S/O.CHELLAPPAN NAIR, MARUTHANATTU KIZHAKKETHIL HOUSE, KANNAMPALLIL BHAGOM, KAYAMKULAM P.O., KEEZHIKADU VILLAGE. BY ADV. SRI. K.SHAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. 4. SUB INSPECTOR KAYAMKULAM POLICE STATION. 5. SAFEER, KATTUPARAMBIL, KANNAMBALLIL BHAGOM, KEERIKKADU VILLAGE, KAYAMKULAM. BY G.P. SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 247 of 2009-S ------------------------------------------------- Dated this the 6th day of July, 2009 JUDGMENT Basant,J. The petitioner has filed this writ petition alleging that his daughter Ms. Subhalekshmi @ Mini is missing from his house from 18/6/09 and that he apprehends that she is under the illegal detention and confinement of the 5th respondent. Kayamkulam police had registered a crime – Crime No.485/09 of the Kayamkulam Police Station. But at the time when this writ petition was filed, she had not been traced. 2. This petition was filed on 29/6/09; the same was admitted and notice was ordered to the respondents. 3. Today, when the case came up for hearing, the petitioner and his wife are present. The petitioner is represented by his counsel also. The alleged detenue has come W.P.(Cri) No. 247 of 2009-S -: 2 :- to this Court along with the 5th respondent. 4. The learned Government Pleader submits that earlier, the detenue was traced and she was produced before the learned Magistrate having jurisdiction on 22/6/09 and the learned Magistrate, after being satisfied that the alleged detenue is an adult person having crossed the age of 18 years, had permitted her to leave with the 5th respondent as desired by her. 5. We permitted the alleged detenue to remain in the Chamber. The petitioner and his wife were given an opportunity to interact with her in absolute privacy. After lunch, we interacted with the alleged detenue in the Chamber. The alleged detenue asserts that she is not under detention or confinement by any one and that she has willingly and voluntarily entered matrimony with the 5th respondent. According to her, she has converted into Islam and has voluntarily embraced Islam. The marriage between them was performed on 30/6/09 at the Keerikkadu Muslim Juma-Ath, it is submitted. It is further submitted that they have given notice for registration of the marriage under the Special Marriage Act on 20/6/09. 6. The 5th respondent has appeared through counsel. The learned counsel for the 5th respondent asserts that the 5th W.P.(Cri) No. 247 of 2009-S -: 3 :- respondent and the alleged detenue have decided to get married and have entered valid matrimony under Ext.R5(a), an affidavit has been filed by him. 7. We have interacted with all the parties. The petitioner and his wife are unable to accept the relationship. They insist that the alleged detenue may be sent with them. The alleged detenue – an adult female having crossed the age of 18 years, she having been born on 20/5/91, is unwilling to go with them and, in these circumstances, the prayer of the petitioner and his wife cannot be accepted. 8. We make note of the submission of the 5th respondent and the alleged detenue that they intend to get their marriage registered under the Special Marriage Act. We accept the request of the learned counsel for the 5th respondent for time to produce the certificate issued under the Special Marriage Act. We give the 5th respondent and the alleged detenue time as requested by them to produce the marriage certificate under the Special Marriage Act. 9. No further directions appear to be necessary in this writ petition. As we are convinced that the alleged detenue Subhalekshmi @ Mini (who has now embraced Islam and wants to be known by name `Fathima') is not under illegal confinement W.P.(Cri) No. 247 of 2009-S -: 4 :- or detention by any one. 10. Accordingly, we dismiss this writ petition. We permit the alleged detenue Subhalekshmi @ Mini @ Fathima to leave the Court with the 5th respondent as desired by her. 11. We direct that this case be called again on 24/8/09 to enable the 5th respondent and the alleged detenue to produce the certificate of registration of marriage under the Special Marriage Act as desired by them. Call on that date. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 247 of 2009-S -: 5 :-