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 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(Crl.).No. 301 of 2009(S) --------------------------- PETITIONER: --------------- SATHEESH, S/O.THOMAS MATHEW, AGED 29, R/O. NAYKUZHIYIL HOUSE, PANAMKOOTY P.O., KONNATHADY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENT: --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, IDUKKI DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, THODUPUZHA. 4. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION. 5. JOHN, KUMARAPPILLIL HOUSE, KOLANY P.O., THODUPUZHA, IDUKKI DISTRICT. BY GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.301 OF 2009 ----------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Asha John, daughter of the 5th respondent, a young woman aged 26 years, who is a Software Engineer, working at Ernakulam and who allegedly has been illegally detained and confined by the 5th respondent- her father. 2. The averments in the petition show that the petitioner is employed abroad. He has passed three year Diploma course in Computer Hardware Maintenance. He and the alleged detenue Asha John are in love and they have decided to get married to each other. They have given notice under the Special Marriage Act to have their marriage registered/solemnised under the provisions of the Special Marriage Act. Necessary fee for that has been remitted under Exhibit P2 dated 13.7.2009. They have also applied the church authorities to get their marriage W.P.(Crl.)No.301/09 -2- performed in accordance with the Christian religious and customary rites. They have been admitted to a pre-marriage course conducted by the church. Their relationship did not have the approval of the 5th respondent, the father of Asha John. The 5th respondent, it is complained, has illegally detained the said Asha John and the petitioner was not in a position to communicate with the said Asha John, illegally detained and confined by the 5th respondent from 25.7.2009. 3. This Writ Petition was filed on 28.7.2009. The same was admitted on 29.7.2009. Notice was ordered to the respondents. 4. Today, when the matter came up for hearing, the petitioner and his counsel are present. Presence of the alleged detenue has been secured by the police before this Court. The 5th respondent is represented by a counsel. The 5th respondent is not present. 5. We ascertained the response of Ms.Asha John in Court. She asserts that she is aged 26 years, she having been born on 7.2.1983. She is an MCA degree holder. She works as a W.P.(Crl.)No.301/09 -3- Software Engineer at Ernakulam. She asserts that she wants to get married to the petitioner herein and wants to go with him after getting their marriage performed/solemnised/registered in accordance with law. She expresses her unambiguous desire to go with the petitioner and get married to him. 6. The learned counsel for the 5th respondent submits that the 5th respondent has now accepted that his daughter Asha John desires to go with the petitioner. He has no objections against the same, though he has reservations about the relationship between the petitioner and his daughter Asha John. 7. We are now convinced that the alleged detenue has been living with the 5th respondent and he had exercised the parental authority not to permit his daughter to have relationship with the petitioner. But the alleged detenue is an adult major woman aged 26 years. She has expressed to us unambiguously and categorically her desire to go with the petitioner. Though, we do not want to say that the alleged detenue was under illegal detention of the 5th respondent, we are satisfied that respecting her wishes, she can be permitted to leave the Court with the W.P.(Crl.)No.301/09 -4- petitioner. 8. This Writ Petition is accordingly allowed. The alleged detenue Asha John is informed that she is at liberty to proceed from the Court in accordance with her desires. Her statement that she wants to go with the petitioner is accepted and accordingly she is permitted to leave the Court with the petitioner herein. Sd/- R.BASANT, JUDGE. Sd/- M.C.HARI RANI, JUDGE. dsn TRUE COPY P.S. TO JUDGE