IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(Crl.).No. 438 of 2009(S) --------------------------- PETITIONER : --------------- SWAJITH, S/O. BALAN, KAPPIKKUNNUMMAL HOUSE, KANNADIPPOYIL KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS : --------------- 1. SUDHAKARAN.M.P., KURUVNKANDY POONATH.P.O KOZHIKODE-673614, PRESENTLY RESIDING AT ERANKUNNATH, REC POST, CHATHAMANGALAM, KOZHIKOE DISTRICT. 2. PUSHPA.V.K. W/O. SUDHAKARAN.M.P., KURUVANKANDY,POONATH.P.O. KOZHIKODE-673614, PRESENTLY RESIDING AT ERANKUNNATH REC POST CHATHAMANGALAM, KOZHIKODE DISTRICT. 3. THE SUB INSPECOTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT. 4. THE SUB INSPECTOR OF POLICE CHATHAMANGALAM POLICE STATION, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN FOR R3 & R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.438 of 2009 ------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Amrutha.S, daughter of respondent Nos.1 and 2, a young woman aged above 18 years, she having been born on 17.10.1991. According to the petitioner, he and the said Amrutha are in love. They have undergone a form of marriage on 17.06.09 at Guruvayur temple. They have thus become legally wedded husband and wife. But according to him, a crime was registered. The alleged detenue was taken into custody by the police and she was produced before the Magistrate and from the Magistrate the alleged detenue was sent along with respondent Nos.1 and 2. Subsequently they are keeping her under illegal confinement and detention. She is an adult major woman, she having crossed the age of 18 years now. She is the legally wedded wife of the petitioner. Her continued detention and confinement is against W.P(Crl.) No.438 of 2009 2 her will. She may, in these circumstances, be traced, and produced before this Court and set at liberty, prayed the petitioner. 2. This petition was filed on 28.10.09. It was admitted on 29.10.09. Notice was ordered to the respondents. 3. Today when the case is called, the petitioner is present along with his counsel. Respondent Nos.1 and 2 have appeared before this Court. Along with them, the alleged detenue has also come to Court. In open Court, the alleged detenue stated before us that she is aged 18 years and she has come along with respondent Nos.1 and 2. She stated that she knows the petitioner. We did not ascertain her response in open Court as she was coming from the custody of respondent Nos.1 and 2. We wanted her to be left alone in the Chamber so that she can give her response to us uninfluenced by anyone. We allowed her to remain alone in the Chamber for about 3 hours. After lunch recess, we interacted with her in the Chamber. She stated before us that she is not under any illegal custody or detention. She did not deny the fact that she had gone with the petitioner in June, 2009 at a time when she was less than 18 years of age. According to the alleged detenue she is not under any confinement or detention. She wants to continue her studies W.P(Crl.) No.438 of 2009 3 and wants to return from Court along with respondent Nos.1 and 2, her parents. 4. We interacted with the alleged detenue separately initially and later in the presence of her parents ie. respondent Nos.1 and 2. We subsequently interacted with the alleged detenue in the presence of the petitioner and respondent Nos.1 and 2. His counsel is also present. The learned Government Pleader is also present. Respondents 1 and 2 have not engaged any counsel. 5. In a petition for issue of a writ of habeas corpus, the court is primarily concerned with the question whether the alleged detenue has been detained against her will, wishes and desire. We are satisfied from the statements given by the alleged detenue, which statements are repeated by her to our questions in the presence of the petitioner, that she is not under any illegal confinement or detention. We are satisfied that she now, on her own free will and desire, chooses to return with respondent Nos.1 and 2. We do not want to make any final statements on the validity of the alleged marriage between the petitioner and the alleged detenue. Their respective rights to raise appropriate contentions on that aspect if necessary before W.P(Crl.) No.438 of 2009 4 appropriate fora shall remain unfettered by this order which we proceed to pass. 6. In the result: a) This Writ Petition is, in these circumstances, dismissed; b) The alleged detenue Ms.Amrutha.S is permitted to leave the Court along with respondent Nos.1 and 2 as desired by her. 7. Respondent Nos.1 and 2, who are not represented by any counsel, submit before us that they apprehend that the petitioner may interfere with the peaceful life and residence of the alleged detenue along with respondent Nos.1 and 2. If there be any such complaint, respondent Nos.1 and 2 and the alleged detenue can raise those complaints before the local police. The learned Government Pleader submits that appropriate and necessary action will be taken by the police if any such genuine complaints are received. That submission and the response of the learned Government Pleader are made note of. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-