IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(Crl.).No. 349 of 2011(S) -------------------------------------- PETITIONERS: --------------------- 1. K.C.VARGHESE, AGED 43 YEARS, S/O.P.T.CHACKO, KOTTO MANNIL, MYLADUPARA, KUMBAZHA P.O., PATHANAMTHITTA-689 653. 2. MINI VARGHESE, AGED 41 YEARS, W/O.K.C.VARGHESE, KOTTO MANNIL, MYLADUPARA, KUMBAZHA P.O., PATHANAMTHITTA-689 653. BY ADVS. SRI.K.SHRIHARI RAO, SMT.N.SHOBHA, SRI.K.S.BALAKRISHNAN. RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 645. 2. PRINCE M.S., S/O.SASEENDRAN, MOOTHEDATH HOUSE, KADAMAMKULAM, KUPPAKKAYAM P.O., PERUVANTHANAM, IDUKKI DISTRICT-686 513. R1 BY SR. GOVT. PLEADER SRI. P.K. BABU, R2 BY ADVS. SRI.THOMAS ABRAHAM, SMT.MERCIAMMA MATHEW, SRI.K.S.HARIDAS, SRI.V.RENJITH KUMAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.349/2011-S: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMPLAINT DTD. 19/07/2011 TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(Crl)NO: 349 OF 2011 ----------------------------------------------------------- Dated this the 2nd August, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. The alleged detenue is present before us. She comes now from the Santhi Nikethan hostel following earlier order dated 26-7-2011. She candidly says that she wants to go with the second respondent with whom she is in in love and had entered into a form of marriage. We do not express anything on the validity of that marriage. Petitioners and the alleged detenue are Christians and the second respondent is a Hindu. The second respondent's parents have told us in Court that a ceremonial marriage was conducted in a temple and there was a public reception. The father of the second respondent also said that there were some interactions between both sides in the police station. We are told that a notice has been issued for a marriage under the Special Marriage Act. With this we are clear in our mind that the alleged detenue is not in illegal detention and is acting on her own free will with the second respondent. We therefore, direct the second respondent and the alleged WP(Crl) 349/2011 2 detenue to produce their certificate of marriage in terms of the Special Marriage Act, 1954 before this Court within a period of two months from now. If such certificate is not produced before the Registrar (Judicial) on or before 10-10-2011 this matter will be listed in the judicial side. Writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj WP(Crl) 349/2011 3