IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 WP(Crl.).No. 163 of 2011(S) PETITIONER: --------------- VIJAYA KUMARI,W/O.NANDANAN,AGED 51 YEARS CHATHANADU HOUSE,PADAMUGAL,KAKKANAD. BY ADV. SRI.K.R.VINOD SMT.M.S.LETHA RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, ERNAKULAM- 682 030. 2. JIJO.C.XAVIER,S/O.XAVIER, CHAZHIKKODATH HOUSE, THUTHIYOOR,CEPZ.P.O, KAKKANAD- 682 030. GOVERNMENT PLEADER SRI.P.K.BABU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------------------ W.P.(CRL.) NO. 163 OF 2011 ------------------------------------------------------------------ Dated this the 29th day of April, 2011 JUDGMENT K.T.Sankaran, J. The petitioner alleges that her daughter Nayana, aged 18 years, is under the illegal detention of the second respondent. 2. When the Writ Petition came up for hearing on 1.4.2011, the following order was passed: “The petitioner is the mother of the alleged detenue. The illegal detention is alleged against the 2nd respondent. It is inter alia alleged that a notice of intended marriage between the alleged detenue and the 2nd respondent under the Special Marriage Act was seen affixed in the premises of the Sub Registrar's Office at Kakkanad. 2. Today the alleged detenue is present. We interacted with the detenue. We also interacted with the petitioner/mother of the alleged detenue, the 2nd respondent and his mother. The father of the alleged detenue was also present. 3. The alleged detenue would submit that she is W.P.(CRL) NO.163 OF 2011 :: 2 :: in love with the second respondent and that she is not under any illegal detention. She would further submit that notice has been given under the Special Marriage Act. 4. Notice under Special Marriage Act is given on 21.3.2011. The thirty days period will expire on 20.4.2011. 5. Having regard to all circumstances of the case, we direct that the alleged detenue shall reside with her mother, namely the petitioner. The petitioner/mother will not in any way intimidate or threaten the alleged detenue. However, it is open to the petitioner to give parental advice to the alleged detenue. We further direct that other relatives of the alleged detenue will not be permitted to interact with the detenue. 6. The alleged detenue will reside with her mother till 8.4.2011. She will be produced by her mother at 1.30 p.m. in the chamber on 8.4.2011. A woman police constable not in uniform will go to the residence of the petitioner twice a week and ascertain from the alleged detenue whether there is any violation of the terms of this order. 7. Post on 8.4.2011 at 1.30 p.m. in the chamber.” 3. Later, on 8.4.2011, Nayana was directed to go and reside with the petitioner-mother, since the thirty days' period for registering the marriage would expire only on 20.4.2011. W.P.(CRL) NO.163 OF 2011 :: 3 :: 4. Today, the petitioner, the second respondent and Nayana are present. Nayana stated that she is not under the illegal detention of the second respondent. She also stated that she and the second respondent are in love and they have decided to marry. Notice was given under the Special Marriage Act. Thirty days' period is over and they wanted to register the marriage in accordance with the Special Marriage Act. The petitioner has practically reconciled with the state of affairs. However, the petitioner stated that she is not approving the relationship between Nayana and the second respondent. 5. In the facts and circumstances of the case, we are satisfied that Nayana is not under the illegal detention of the second respondent. No further directions are required in the Writ Petition. The Writ Petition is accordingly, closed. (K.T.SANKARAN) Judge (M.L.JOSEPH FRANCIS) Judge ahz/