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 13TH JULY 2010 / 22ND ASHADHA 1932 WP(Crl.).No. 1 of 2010(S) ------------------------- PETITIONER: --------------- ELIKUTTY CHACKO @ AMMINI, W/O.LATE CHACKO, VADAKKUMMURY HOUSE, KURISUMMOODU P.O., CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. FAISAL, S/O.MAJEED KUTTY RAWTHER, PUTHUCHIRA PUTHUPARAMBIL HOUSE, CHEERAMCHIRA P.O., CHANGANACHERRY. 2. MAJEED KUTTY RAWTHER, PUTHUCHIRA PUTHUPARAMBIL HOUSE, CHEERAMCHIRA P.O., CHANGANACHERRY. 3. SHAILA.P.S., W/O.MAJEED KUTTY RAWTHER, PUTHUCHIRA PUTHUPARAMBIL HOUSE, CHEERAMCHIRA P.O., CHANGANACHERRY. 4. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, CHANGANACHERRY. 5. SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, CHANGANACHERRY. 6. DISTRICT SUPERINTEND OF POLICE, KOTTAYAM. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.V.S.SALIM FOR R1 SRI.M.K.HARIKUMAR FOR R2&3 (Serial numbers of R5 and R6 are corrected as per order dated 13.01.2010 in I.A.No.496/2010) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.1 of 2010 ********************* Dated this the 13th day of July, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of earlier orders passed by two Benches of this Court resting with the order dated 15.01.2010. 2. The petitioner had come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her daughter Dayanamol, aged 19 years (date of birth - 03.01.1991). It was her apprehension that her daughter Dayanamol, the alleged detenue, was being illegally detained by respondent Nos.1 to 3. 3. This petition was filed on 04.01.2010. It was admitted on 05.01.2010. The alleged detenue was produced before Court on 13.01.2010. She was accommodated initially at the YWCA, Ernakulam, and later till this day at the Working Women's Hostel run by the Changanassery Municipality. 4. Today when the case came up for hearing the petitioner and her counsel are present. The alleged detenue W.P(Crl.) No.1 of 2010 2 Dayanamol has been brought from the working women's hostel run by the Changanassery Municipality, where she is presently accommodated. 5. We had interactions with the petitioner and the alleged detenue. Respondent Nos.1 and 2 were also present. The learned counsel for the petitioner was also present. The learned Government Pleader was also present. 6. We are happy to note that the parties have come to an agreement and understanding and they now agree that this Writ Petition can be disposed of as agreed with directions. 7. The alleged detenue asserts, the petitioner accepts and respondent Nos.1 and 2 agree that marriage between the alleged detenue and the 1st respondent can be solemnised under the provisions of the Special Marriage Act after the 1st respondent attains the age of 21 years. 8. All agree that the alleged detenue shall today return from Court along with the petitioner and that she shall reside along with the petitioner until her marriage takes place with the 1st respondent as agreed earlier in accordance with the provisions of the Special Marriage Act. W.P(Crl.) No.1 of 2010 3 9. This Writ Petition is accordingly allowed as agreed on the above terms. The alleged detenue Dayanamol is permitted to leave the Court along with her mother, the petitioner herein, as agreed by all concerned. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/