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 6TH JULY 2010 / 15TH ASHADHA 1932 WP(Crl.).No. 252 of 2010(S) --------------------------- PETITIONER(S): --------------- LINET SALY, W/O. SALY, 48 YEARS, MUDAVASSERY, MALIPURAM, KOCHI-682511. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL,ERNAKULAM. 3. MR. BASIL, NOCHIPARAMBIL, UNIT ROAD, NEAR MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM. 4. MR. CRESCENCE BASIL, S/O. BASIL, 21 YEARS,NOCHIPARAMBIL, UNIT ROAD, NEAR MODEL ENGINEERING COLLEGE, THRIKKAKKARA, ERNAKULAM. BY G.P. SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/07/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.252 of 2010-S ------------------------------------------------- Dated this the 6th day of July, 2010 JUDGMENT Basant,J. This judgment must be read in continuation of the earlier orders passed by us resting with the order dated 2/7/10. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her adult major daughter `Ann Mary @ Neethu', aged 19 years (date of birth - 21/1/1991). She was a student of the Plus Two Course. She has not completed the said Course, it is now submitted. Her father is employed in the Merchant Navy and he has gone on a voyage on 3/3/10. He is expected to return from his voyage only after 3/12/10. According to the petitioner, her daughter - the alleged detenue Ann Mary was missing from home from 25/5/10. She was produced before the learned Magistrate on 27/5/10 and W.P.(Cri) No.252 of 2010 -: 2 :- the learned Magistrate, on being satisfied that the alleged detenue is not under any illegal confinement or detention, had set her at liberty and she had returned from the Magistrate's Court along with the 4th respondent. According to the petitioner, even thereafter on 13/6/10 the alleged detenue had gone to her house; but was forcibly taken away by the 4th respondent. It is with these allegations that the petitioner came before this Court with this petition on 28/6/10. 2. Before ordering admission of the petition, we wanted the learned Government Pleader to take instructions. On 2/7/10 the 4th respondent along with the alleged detenue appeared before this Court. 3. It is now evident that the alleged detenue and the 4th respondent have legally got married under the provisions of the Special Marriage Act and certificate No.26/10 dated 29/6/10 has been issued by the Marriage Officer, Thrikkakara, to confirm such solemnization and registration of the marriage between the alleged detenue and the 4th respondent. They are thus man and woman - legally wedded husband and wife. 4. When the parties appeared before us on 2/7/10, there was an attempt to find out whether parties can harmoniously settle their disputes. Certain suggestions were made. Those W.P.(Cri) No.252 of 2010 -: 3 :- suggestions were pursued and we are happy to note that the parties now report to us that all their outstanding disputes have been settled. 5. Accordingly, as agreed by both sides, we allow this writ petition in part and issue the following directions: (i) The alleged detenue Ann Mary @ Neethu shall hereafter reside at St. Thomas Convent, Thoppil, Thrikkakara, which is close to the house of the 4th respondent. Such residence shall commence not later than 8/7/10 and come to an end at the latest on 31/12/10. (ii) The petitioner accepts that she and her husband shall take the initiative and ensure that the marriage in accordance with the customary rites with the approval of the Church is performed again between the 4th respondent and the alleged detenue who have already got married in accordance with the provisions of the Special Marriage Act. (iii) Till such marriage takes place on or before 31/12/10, the alleged detenue shall continue her residence at the St. Thomas Convent, Thoppil, Thrikkakara. (iv) Till 31/12/10 or her marriage prior to that date, as agreed above, the alleged detenue agrees to attend the Courses in Coral Designing, Tally and Photo Shop while residing in the W.P.(Cri) No.252 of 2010 -: 4 :- said convent. (v) It is agreed that the petitioner and her relatives as also the 4th respondent and his relatives can have interactions with the alleged detenue while she resides, as agreed above, at the St. Thomas Convent, Thoppil, Thrikkakara. (vi) The 4th respondent and the alleged detenue agree that till their marriage takes place afresh in accordance with the customary rites, as already agreed or till 31/12/10 whichever is earlier, they shall not cohabit as husband and wife. They shall start such cohabitation only after 31/12/10 or earlier after solemnization of their marriage in accordance with the customary rites. (vii) It is stipulated by the petitioner and the alleged detenue that they are agreeing for a marriage afresh in accordance with the customary rites only to accommodate the wishes of the petitioner and other members of the family and such agreement is without prejudice to their contention and the fact that they have already got married in accordance with the provisions of the Special Marriage Act. (viii) The petitioner agrees that the marriage between the alleged detenue and the 4th respondent in accordance with the customary rites shall be arranged as expeditiously as possible W.P.(Cri) No.252 of 2010 -: 5 :- and time till 31/12/10 is sought to perform such marriage only because the father of the alleged detenue can return from his present voyage only on or after 3/12/10. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No.252 of 2010 -: 6 :-