IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(Crl.).No. 367 of 2010(S) --------------------------- PETITIONER: --------------- KISHORE.S, KISHORE BHAVANAM, AMBALATHUM BHAGAM MURI,PORUVAZHY.P.O, PORUVAZHY VILLAGE,KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: --------------- 1. SOBHA,KULATHINTTAMELATHIL(KOLLASSERI), KAMBALADI MURI,PORUVAZHY.P.O,PORUVAZHY VILLAGE, KUNNATHUR TALUK,KOLLAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTA.P.O,KOLLAM DISTRICT. 3. SUB INSPECTOR OF POLICE, SOORANADU POLICE STATION,SOORANADU.P.O, KOLLAM DISTRICT. 4. KUNJUKRISHNA KURUP,CHANDRIKA BHAVANAM, AMBALATHUM BHAGOM.P.O,PORUVAZHY.P.O, KUNNATHUR TALUK,KOLLAM DISTRICT. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.BECHU KURIAN THOMAS FOR R-4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. ********************** W.P.(Crl) No.367 of 2010 ********************* Dated this the 26th day of October, 2010 JUDGMENT BASANT, J. This order must be read in continuation of the earlier orders passed by us resting with the order dated 01.10.2010. 2. As per the order dated 01.10.2010, the alleged detenue Shyama Krishnan, a girl aged 19 years (date of birth - 19.07.1991) was sent along with her father, ie. respondent No.4 herein. The case was posted to 15.10.2010. On that day, the alleged detenue and the petitioner did not appear before Court and accordingly the case was posted to this day with directions to the parties and the alleged detenue to appear before Court today. 3. Today when the case is called, the petitioner is present. The 4th respondent is present. Along with the petitioner, the alleged detenue has also come to Court. 4. We are informed that in violation of the order of the Court, the petitioner has got married to the alleged detenue on 13.10.2010. It is submitted that the alleged detenue, who had W.P.(Crl) No.367 of 2010 - 2 - gone from Court along with the 4th respondent, had subsequently gone to the petitioner and the petitioner has married her. 5. We find the course adopted by the petitioner and the alleged detenue to be in gross violation of the order of the Court. A certificate dated 13.10.2010 issued by Pulimukhathu Sree Bhadra Bhagavathy Kshetra Trust has been produced to show that the marriage has taken place on 13.10.2010. 6. We have interacted with the 4th respondent and his counsel. We later interacted with the petitioner and his counsel. We interacted with the alleged detenue also. 7. The 4th respondent submits that he does not want to have any further action against the petitioner or the alleged detenue. He does not want to be responsible for the custody of the alleged detenue. He states that the alleged detenue, who has already attained majority, may be permitted to pursue whatever course she wants to and that he does not, at any rate, want to be responsible for the affairs of the alleged detenue. He submits that gold ornaments belonging to him have been taken by the alleged detenue, but he does not want to make any grievance of it now. He does not also want to press for cost in W.P.(Crl) No.367 of 2010 - 3 - this petition though the alleged detenue and the petitioner are guilty of gross violation of the orders of this Court. Appropriate further directions may be issued by the Court permitting the petitioner and the alleged detenue to leave together from the Court. But it may be insisted that the petitioner and the alleged detenue must produce before Court certificate to prove that their marriage has been registered with the local authority in accordance with the relevant rules. 8. We take note of the plight of the 4th respondent. The 4th respondent does not want to make any grievance against the petitioner and the alleged detenue now. Though he is obviously disturbed by the conduct of the petitioner and the alleged detenue, he does not want to press for any action or cost against the petitioner. 9. We are, in these circumstances, satisfied that the proceedings in this Writ Petition can now be closed. We accept the undertaking of the petitioner and the alleged detenue that marriage certificate issued by the local authority shall be produced before this Court on the next date of posting. W.P.(Crl) No.367 of 2010 - 4 - 10. This Writ Petition is, in these circumstances, allowed. The alleged detenue is permitted to leave the Court along with the petitioner, who has already married her as desired by the alleged detenue and accepted by the petitioner. 11. Call this petition again on 02.11.2010. The petitioner and the alleged detenue shall appear before Court on that day. They shall bring with them certificate to prove the marriage between them issued by the local authority in accordance with law. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS , JUDGE) rtr/ R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.367 of 2010 ***************************** Dated this the 2nd day of November, 2010 ORDER BASANT, J. In pursuance of the directions issued in the judgment dated 26.10.2010, the petitioner and the alleged detenue have appeared before this Court today. They have produced marriage certificate No.T6-8750/10 dated 01.11.2010 to confirm that the marriage between the petitioner and the alleged detenue has been solemnised and registered in accordance with the provisions of the Kerala Registration of Marriages (common) Rules, 2008 and to confirm that the said marriage solemnised on 13.10.2010 has been registered on 29.10.2010 as Registration No.187/10 before the Secretary and Registrar of Common Marriages, Thazhava Grama Panchayat. A copy of the certificate has been handed over to the learned counsel for the 4th respondent. We have perused the original certificate. The same is returned to the learned counsel for the petitioner. W.P(Crl) No.367 of 2010 - 2 - 2. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. Proceedings in this Writ Petition are closed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ under the provisions of the Special Marriage Act on 20.10.2010. Certificate of marriage is placed before us for our perusal along with a copy. The original is returned to the petitioner and the copy is given to the 4th respondent, the father of the alleged detenue, who is personally present. No further directions are necessary. Proceedings in this petition are closed. This order must be read in continuation of the earlier orders passed in the matter resting with the order dated 26.10.2010. The petitioner had come to this Court with a petition for issue of a writ of habeas corpus to search for, trace and produce Shyama Krishna, a young woman, aged just 19 years (date of birth - 19.07.1991). According to the petitioner, he and Shyama Krishna were in love. They wanted to marry each other. The 1st respondent, at the instance of the 4th respondent, the father of the alleged detenue, was allegedly detaining and confining the alleged detenue. 2. The petition was admitted. Directions were issued. The alleged detenue was produced. Certain arrangements were struck as per order dated 01.10.2010. That arrangement did not work. Subsequently the alleged detenue went away with the petitioner and when the matter came up on 26.10.2010, the 4th respondent, the father of the alleged detenue, accepted that proceedings can now be closed and the alleged detenue can be W.P(Crl) No.367 of 2010 - 2 - permitted to get married to the petitioner herein. Accordingly the case was posted to this date. 3. Today when the matter came up for hearing, the petitioner and the alleged detenue are present. The petitioner is represented by his counsel. The 4th respondent is not personally present. He is represented by his counsel. The learned counsel for the petitioner submits that the marriage between the petitioner and the alleged detenue has now taken place at the Pulimughathu Sree Bhadrakshetram, Thazhava on 13.10.2010 and the marriage has been registered in accordance with the provisions of the Kerala Registration of Marriages (common) Rules, 2008. Certificate No.T6-8750/10 dated 01.11.2010 is produced to confirm that the said marriage solemnised on 13.10.2010 has been registered on 29.10.2010 as Registration No.187/10 before the Secretary and Registrar of Common Marriages, Thazhava Grama Panchayat. A copy of the certificate has been handed over to the learned counsel for the 4th respondent. We have perused the original certificate. The same is returned to the learned counsel for the petitioner. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. This Writ Petition is accordingly closed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ R.BASANT & M.L.JOSEPH FRANCIS, JJ. ********************** W.P.(CrI)No.367 of 2010 ********************* Dated this the 22nd day of September, 2010 ORDER BASANT, J. Heard the learned Government Pleader. This Writ Petition is admitted. The learned G.P takes notice for respondents 2 and 3. Issue notice to respondents 1 and 4 through police. The learned G.P shall ensure that the alleged detenue appears before this Court on 01.10.2010. In the circumstances of the case, we direct that the parties need not appear in Court, but in the Chamber and the alleged detenue need appear before us only at 1.45 p.m in the Chamber on that day. 2. Call on 01.10.2010 at 1.45 p.m in the Chamber. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS , JUDGE) rtr/