IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(Crl.).No. 561 of 2011(S) --------------------------- PETITIONER(S): --------------- SHAJI.S., SAGARA, KARIMPALOOR, PUTHENKULAM P.O., KOLLAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE SRI.MANU SEBASTIAN RESPONDENT(S): --------------- 1. DISTRICT POLICE CHIEF, KOLLAM DISTRICT, KOLLAM-691 001. 2. INSPECTOR OF POLICE, PARAVOOR CIRCLE, KOLLAM DISTRICT-691 301. 3. SUB INSPECTOR OF POLICE, PARIPALLY POLICE STATION, KOLLAM-691 574. 4. SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM-691 301. 5. B.RAJENDRAN PILLA, THALAKKULATH THENGUVILA VEEDU, OONNINMOODU CHERRY, POOTHAKKULAM P.O., KOLLAM-691 302. ADV. SRI.V.VENUGOPALAN NAIR FOR R5 MS.C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) No.561/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PHOTOGRAPHS OF PETITIONER AND MRS.JINIRAJ AFTER THEIR MARRIAGE. P2 : COPY OF RECEIPT ISSUED FROM SREE SUBRAMANIASWAMY TEMPLE, KARAMKODU (VARINJAM) P3 : COPY OF RECEIPT NO.5286 DATED 24/10/2011 OF THE CHATHANOOR GRAMA PANCHAYAT. P4 : COPY OF CMP NO.11200/2011 FILED BY R5 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR. RESPONDENT'S EXHIBITS R5(1) : COPY OF SEARCH WARRANT AND DIRECTION GIVEN TO THE 4TH RESPONDENT BY THE JFMC PARAVUR DATED 29/11/2011. R5(2) : COPY OF BILL ISSUED FROM ROYAL HOSPITAL CHATHANNOOR. R5(3) : COPY OF BILL ISSUED FROM NAIR'S HOSPITAL KOLLAM DATED 02/12/2011. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... WP(Crl.) No.561of 2011 .................................................................... Dated this the 6th day of December, 2011. J U D G M E N T Ramachandran Nair, J. This is a Writ Petition filed for issuing writ of habeas corpus to the 5th respondent, who is said to be holding illegal custody of petitioner's wife. Since the petitioner produced photographs before this Court showing his marriage taking place with the 5th respondent's daughter in a temple, we were prima facie convinced that the 5th respondent would be illegally detaining his daughter against her wishes, and accordingly we issued an interim direction to the 5th respondent to produce his daughter in this Court today. 2. The 5th respondent has now come forward with a counter affidavit and certain documents, which clearly disclose that in the relation with the petitioner the 5th respondent's daughter Ms.Jiniraj has become pregnant, and in the normal course, we would have compelled the 5th respondent to produce her in the Court for taking her statement. However, the 5th respondent has raised a technical contention that the WP(Crl.)No.561/2011 2 marriage solemnised between the petitioner and the 5th respondent's daughter in the temple is not a valid marriage according to the Hindu rites, even though the fact remains that in the relation the 5th respondent's daughter has become pregnant. 3. Learned counsel for the 5th respondent submitted that Ms.Jiniraj is undergoing treatment in the hospital pursuant to pregnancy. The petitioner's apprehension is that the 5th respondent will compel her to terminate the pregnancy in the hospital. Therefore, in the first place, we issue an order of prohibition against the 5th respondent and the hospital authorities not to terminate the pregnancy of the 5th respondent's daughter, whether it be with her consent or otherwise, until she is produced before the Family Court, Kollam. Since this is a matter, which can be sorted out in the Family Court, we do not think, we should keep the matter pending. Therefore, this Writ Petition is disposed of with the following directions :- On the petitioner making an application before the Family WP(Crl.)No.561/2011 3 Court, Kollam with a copy of this judgment for release of 5th respondent's daughter, the Family Court will initiate proceeding compelling appearance of the 5th respondent's daughter before the Court. The 5th respondent is directed to produce his daughter before the Family Court, Kollam on any date ordered by the Family Court, and if she has any difficulty to travel, the Family Court Judge or Councilor or any person deputed by the said Court will visit her, record her statements; and the Court will verify the genuineness of the claim and settle the dispute. If there is valid marriage or the desire of the 5th respondent's daughter is to go and live with the petitioner, the Family Court Judge will release her and pass appropriate orders. The statement should be recorded in Camera and without the presence of the 5th respondent or any of family members of Ms.Jiniraj. This Writ Petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg