IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(Crl.).No. 446 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------ ABDUL RASHEED. J, S/O.JAMAL MOHAMMED, MILASH HOUSE, THAZHAMEL, ANCHAL P.O, KOLLAM DISTRICT. BY ADV. SRI.S.M.ALTHAF RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, KOLLAM-691 001. 3. CIRCLE INSPECTOR OF POLICE ANCHAL POLICE STATION, KOLLAM DISTRICT-691 001. 4. SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT-691 001. 5. ROBIN J GEORGE, S/O.GEORGEKUTTY, ROBIN VILLA, ALUMMOODU P.O, MUKATHALA, KOLLAM DISTRICT-691 032. 6. GEORGEKUTTY, ROBIN VILLA, ALUMMOODU P.O, MUKATHALA, KOLLAM DISTRICT-691 032. 7. VALSLA GEORGE, W/O.GEORGEKUTTY, ROBIN VILLA, ALUMMOODU P.O, MUKATHALA, KOLLAM DISTRICT-691 032. WP(Crl.).No. 446 of 2010(S) 8. MATHEW GEORGE, CHALUVILA VADAKKATHIL, KANNANALLOOR P.O, KOLLAM-691 028. 9. PRASANTH, PRASANTH BHAVAN, THAZHAM SOUTH, CHATHANOOR P.O, KOLLAM DISTRICT—691 002. 10. DEEPU ROY, DALIYA BHAVAN, CHERIKKONAM, KANNANALLOOR P.O, KOLLAM-691 028. 11. BENSON @ BENNY, S/O.THANKACHAN, BESON COTTAGE, ALUMMOODU P.O, MUKATHALA, KOLLAM DISTRICT-691 032. R1 TO R4 BY GOVT. PLEADER MR.K.J. MOHAMMED ANZAR. R5 TO R7 BY ADV. SRI.V.V.RAJA, SRI.M.T.SURESHKUMAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 446 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE F.I.R. NO.1119/2010 DATED 09/10/2010 OF ANCHAL POLICE STATION. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE S.S.L.C. CERTIFICATE EXAMINATION VIDE NUMBER 421907. EXT.R5(b): COPY OF THE ACKNOWLEDGMENT EVIDENCING THE RECEIPT OF MONEY DATED 07/10/2010. EXT.R5(c): COPY OF THE ORDER DATED 12/11/2010 IN CRIME NO.1119/2010 OF THE ANCHAL POLICE STATION. //TRUE COPY// P.S. TO JUDGE rs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(Cri) No.446 of 2010 ------------------------------------------------- Dated this the 26th day of November, 2010 JUDGMENT Basant,J. This judgment must be read in continuation of our earlier order dated 23.11.2010. We are not, hence, re- narrating the relevant facts. 2. Today, when the case was called in the chamber at 1.45 p.m., the petitioner, his wife and the alleged detenue are present. Respondents 5, 6 and 7 are also present. The petitioner and respondents 5, 6 and 7 are represented by their counsel. The learned Government Pleader is also present. 3. We interacted with the alleged detenue alone initially. Later, we interacted with her in the presence of her parents. Subsequently, we interacted with her in the presence of her parents and respondents 5 to 7. 4. The alleged detenue Raseena states before us categorically that she wants to go with the fifth respondent -: 2 :- and get married to him. The petitioner and his wife are unable to accept this decision. However, they submit that they will respect the decision of the alleged detenue and permit her to go along with respondents 5 to 7. 5. Respondents 5 to 7 re-iterated that marriage in accordance with the provisions of the Special Marriage Act shall be solemnised and registered immediately. It is further stated very clearly that the alleged detenue and the fifth respondent shall continue in their respective religions and shall not get converted for the purpose of marriage. 6. In a petition for the issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. We are now satisfied that she is not under any such illegal confinement or detention. She is a grown up educated woman - she having passed the age of 23 years and she having acquired B.sc Nursing qualification, we respect her decisional autonomy. We are satisfied that no further directions need be issued in this writ petition. In the result, a) This petition is dismissed. b) The alleged detenue Raseena is permitted to -: 3 :- leave the court along with respondents 5 to 7 as desired by her. c) We accept the undertaking of the alleged detenue and the fifth respondent that their marriage in accordance with the provisions of the Special Marriage Act shall be solemnised and registered at the earliest - at any rate within a period of three days from this date. We accept their submission that certificate to evidence of marriage shall be produced before us on the next date of posting. 7. Call this petition again on 6.12.2010. The alleged detenue and the fifth respondent shall appear before the court on that day with the marriage certificate. A copy of the marriage certificate shall also be produced which shall be furnished to the learned counsel for the petitioner. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) css/