IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(Crl.).No. 254 of 2011(S) ------------------------------------ PETITIONER(S): --------------------- ABDUL HAMEED,S/O.MOIDEEN,CHETHIL HOUSE, THALAYAD,KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. RAMESAN,S/O.RAJU,POOVANMALA HOUSE, ETTEKKAR,CHAMAL PO, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 2. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION. 3. THE CIRCLE INSPECTOR OF POLICE, BALUSSERY. R1 BY ADV. SRI.LIFFY P. FRANCIS SRI.C.D.JOHNY THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR: 254 OF 2011: PETITIONER'S EXHIBITS:NIL RESPONDENT”S EXHIBITS: EXT.R1(1). TRUE COPY OF CERTIFICATE FOR ACCEPTANCE OF THE HINDU RELIGION DATED 16.5.2011. EXT.R1 (2) TRUE COPY OF MARRIAGE CERTIFICATE OF THE IST RESPONDENT WITH DETINUE ISSUED FROM THE ARYA SAMAJAM DATED 16.5.2011. EXT.R1 (3) TRUE COPY OF DIGITAL PHOTOS TAKEN AT THE TIME OF MARRIAGE. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.254 of 2011-S ---------------------------------------------- Dated, this the 17th day of June, 2011 J U D G M E N T K.M.Joseph, J. Petitioner is the father of the alleged detenue, Smt.Hameeda. Illegal detention is alleged against the Ist respondent. We have already passed interim order dated 31st May, 2011. The case of the Ist respondent is that there is a marriage between the Ist respondent and the alleged detenue and the alleged detenue has converted to the Hindu religion on the day of marriage. The case of the petitioner is that there is a marriage between the alleged detenue and one Iqbal Katharammal. 2. Today, the alleged detenue is present. She would say that she will go with her parents. In the circumstances of the case, we allow the alleged detenue to go with her parents who are also present. Petitioner would say that he will facilitate the further education of the alleged detenue. We further make it clear that, the parents of the alleged detenue will not compel her to undergo any marriage against her wishes. The alleged detenue would say WPCR 254/2011 -2- that there are few certificates of her with the Ist respondent. The Ist respondent would say that whatever certificate he has pertaining to the alleged detenue will be handed over to his counsel within a period of three days from today. Learned counsel for the Ist respondent agrees that, upon receipt of the certificates he will hand over the same to the learned counsel for the petitioner. We make it clear that, this arrangement will be without prejudice to the rights of the parties including the alleged detenue to approach any forum seeking any reliefs as they are advised to seek. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS