IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(Crl.).No. 298 of 2009(S) --------------------------- PETITIONER : --------------- DEVASSY K.C., S/O.CHAVARO AGED 50 YEARS, KALATHIPARAMBIL HOUSE, NEDUNGAD, NAYARAMBALAM PO, PIN 682 509, VYPEEN. BY ADV. SRI.O.F.JUSTIN RESPONDENTS: --------------- 1. SUDHEER @ BLACK SUDHEER S/O.MUSTHAFA, AGED ABOUT 30 YEARS, VALIYAKULATHINGAL PARAMBIL, THRIVARNA ROAD ELAMAKKARA PO, ERNAKULAM. 2. STATION HOUSE OFFICER NJARAKKAL POLICE STATION NJARAKKAL. 3. CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR NJARAKKAL. 4. KISHORE, AGED ABOUT 28 YEARS S/O.BABU @ SUMMER BABU THUNDIYIL HOUSE, NEDUNGAD, NAYARAMBALAM PO. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.S.RAJEEV FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.298 of 2009 ------------------------------------- Dated this the 14th day of September, 2009 JUDGMENT BASANT, J. The alleged detenue and the 1st respondent are present. The petitioner is also present. They are represented by their counsel. All agree that the marriage between the 1st respondent and the alleged detenue has already been solemnised in accordance with the provisions of the Special Marriage Act on 07.09.09. On account of the intervening holidays, they have not been able to produce the marriage certificate. Inasmuch as it is agreed by all concerned that the marriage has already been solemnised on 07.09.09, we do not see any reason not to accept that submission. The learned counsel for the petitioner submits that the petitioner also accepts that the marriage has already been solemnised. In these circumstances, no further directions are sought in this Writ Petition by the petitioner. 2. This Writ Petition is accordingly dismissed as agreed. The learned counsel for the 1st respondent undertakes to furnish W.P.(Crl)No.298/09 2 a copy of the marriage certificate to the learned counsel for the petitioner within a period of 7 days from this date. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P.(Crl)No.298/09 3 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.298 of 2009 ------------------------------------- Dated this the 17th day of August, 2009 ORDER BASANT, J. The petitioner, his wife and his counsel are present. The 1st respondent and his counsel are present. At the Bench, the learned counsel for the petitioner stated that his instruction is that the alleged detenue is willing to go with her parents today. The alleged detenue was interviewd by us at 1.45 p.m. She asserts that she is not willing to go with her parents and that she wants to go only with the 1st respondent. She stated so in the presence of her parents, the 1st respondent, their respective counsel and the learned Government Pleader . 2. It is submitted that notice for the marriage between the alleged detenue and the 1st respondent has already been W.P.(Crl)No.298/09 4 given on 06/08/2009 and the marriage can now be registered at any time after 06/09/2009 under the Special Marriage Act. Parties agree that, in these circumstances, the alleged detenue can be permitted to continue to remain at the Santinikethan hostel till 07/09/2009. On that day, she shall appear in court. The learned Government Pleader agrees to ensure that the alleged detenue is escorted to court on that day by woman police constables not in uniform. The 1st respondent undertakes that the expenses for residence of the alleged detenue at Santinikethan shall be met by him. The orders issued on 04/08/2009 shall continue to remain in force till 07/09/2009. 3. Call on 07/09/2009. The learned Government Pleader agrees to ensure that woman police constables not in uniform shall escort the alleged detenue back to the hostel. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr