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 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(Crl.).No. 432 of 2011(S) --------------------------- PETITIONER : - --------------- SHAIJU VINCENT, S/O.VINCENT,'SHAILI COTTAGE', VETTUTHURA,NEAR VETTUTHURA GRAVEYARD, CHANNANKARA (P.O),THIRUVANANTHAPURAM 695 315. BY ADV. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. THE DIRECTOR GEBNERAL OF POLICE,GOVERNMENT OF KERALA,POLICE HEAD QUARTERS, VAZHUTHACADU,THIRUVANANTHAPURAM PIN - 695 001. 2. THE SUPERINTENDENT OF POLICE, THE OFFICE OF TRIVANDRUM RURAL SUPERINTENDENT OF POLICE,PMG PO,TRIVANDRUM 695 033. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL P.O. PIN 695 101.,TRIVANDRUM. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM P.O. PIN 695 582. 5. THE SUB INSPECTOR OF POLICE, KADINAMKULAM POLICE STATION,KADINAMKULAM, PUTHUCURICHY P.O.,THIRUVANANTHAPURAM 695 303. 6. ALFONSE, 'PUNCHIRI',PUTHENTHODE, PUTHENTHODE (P.O), THIRUVANANTHAPURAM DISTRICT PIN 695 586. 7. MARY HELEN ALFONSE, W/O.ALFONSE, 'PUNCHIRI',PUTHENTHODE,PUTHENTHODE (P.O), THIRUVANANTHAPURAM DISTRICT PIN - 695 586. R1 TO R5 BY GOVT.PLEADER SRI.C.M.KAMAPPU R6 & 7 BY ADV. SRI.K.P.SUJESH KUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 432 of 2011(S) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P1 TRUE COPY OF THE COMPLAINT MADE TO 5TH RESPONDENT MADE BY MISS FIFI ON 15.9.2011. EXT.P2 TRUE COPY OF THE POSTAL RECEIPT DATED 16.9.2011 ADDRESSED TO RESPONDENT NO.1 EXT.P3 TRUE COPY OF THE POSTAL RECEIPT DATED 16.9.2011 ADDRESSED TO RESPONDENT NO.2 EXT.P4 TRUE COPY OF THE POSTAL RECEIPT DATED 16.9.2011 ADDRESSED TO RESPONDENT NO.3 EXT.P5 TRUE COPY OF THE POSTAL RECEIPT DATED 16.9.2011 ADDRESSED TO RESPONDENT NO.4 EXT.P6 TRUE COPY OF THE CERTIFICATE OF MARRIAGE PREPARATION COURSE ISSUED TO THE PETITIONER. EXT.P7 TRUE COPY OF THE CERTIFICATE OF MARRIAGE PREPARATION COURSE ISSUE TO MISS FIFI. EXT.P8 TRUE COPY OF THE PETITION DATED 22.9.2011 SUBMITTED BY PETITIONER TO RESPONDENT NO.5. RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.432 of 2011 ---------------------------------------- Dated this the 11th day of October 2011 J U D G M E N T 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 Ms.Fifi, a final year degree student, with whom the petitioner is said to be in love. She is the daughter of respondents 6 and 7. According to the petitioner, the petitioner and the alleged detenue Ms.Fifi had decided to get married. They both belong to the same religion. The necessary pre-marital counseling course has been undergone by the petitioner and the alleged detenue Ms.Fifi together. But, before their marriage could be solemnised, the alleged detenue Ms.Fifi was removed and she was being illegally detained and confined by respondents 6 and 7, her parents. It is, with these allegations that the petitioner came to this Court and filed this petition on 26/09/2011. W.P.(Crl)No.432/11 2 2. This judgment must be read in continuation of the earlier orders dated 27/09/2011 and 03/10/2011. On 03/10/2011 when the the alleged detenue was brought to Court by respondents 6 and 7, the Bench which dealt with the matter had sent the alleged detenue back with respondents 6 and 7 with direction to produce her before this Court today. 3. Today when the case is called, the petitioner is present. He is represented by his counsel. Respondents 6 and 7 have also come to Court. Along with them, the alleged detenue Ms.Fifi has also come to Court. Respondents 6 and 7 are represented by a counsel. 4. As the alleged detenue comes to Court along with/in the custody of respondents 6 and 7, we permitted her to remain in the chambers without any opportunity for respondents 6 and 7 to influence her. As desired by her, she was permitted to have interactions with the petitioner during the pre-lunch session. 5. After the lunch recess, we interacted with the alleged detenue Ms.Fifi alone initially. Later, we interacted with her in the presence of respondents 6 and 7 and their counsel. Subsequently we interacted with the alleged detenue in the W.P.(Crl)No.432/11 3 presence of the petitioner and his counsel. The maternal uncle and the sister of the petitioner were also present. 6. The alleged detenue states that she is a final year student of the B.A History degree course. She is aged 20 years (Date of Birth : 29/09/1991). She does not raise any complaint against her parents i.e. respondents 6 and 7. She states before us categorically that she wants to return from Court along with the petitioner and get married to him. Respondents 6 and 7 have their own reasons and are unable to accept the relationship between the petitioner and the alleged detenue. They assert that they will not be able to accept and recognise such relationship between the petitioner and the alleged detenue. 7. The petitioner asserts before Court that he is willing to marry the alleged detenue. It is submitted that all requisite formalities have been complied with and if ten days time is given, the petitioner and the alleged detenue shall produce before Court certificate to evidence the solemnisation of their marriage in accordance with Christian religious rites. The petitioner and the alleged detenue assure this Court that they shall not co-habit as husband and wife until their marriage is W.P.(Crl)No.432/11 4 solemnised in accordance with law. If there be any impediment in getting their marriage solemnised in accordance with Christian religious rites, they agree that they shall get their marriage solemnised/registered under the provisions of the Special Marriage Act within the least required time. Mr.Antony, the maternal uncle of the petitioner and Mrs.Shily, sister of the petitioner undertake before Court that if the alleged detenue is sent along with them, they shall ensure that the petitioner and the alleged detenue start co-habitation as husband and wife only after their marriage is solemnised in accordance with law. 8. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under illegal confinement or detention. In this case, evidently because of the nature of the relationship between the alleged detenue and respondents 6 and 7, the alleged detenue states that she has no complaints against respondents 6 and 7 but asserts that she wants to leave the Court along with the petitioner. Inferences are easy. We are satisfied, in these circumstances, that this petition can be allowed and appropriate directions can be issued. W.P.(Crl)No.432/11 5 9. In the result, a) This writ petition is allowed. b) The alleged detenue Ms.Fifi is permitted to leave the Court along with the petitioner, his maternal uncle and his sister, as desired by the alleged detenue. c) We accept the undertaking given to Court by the petitioner, his maternal uncle and his sister that the petitioner and the alleged detenue shall commence co-habitation as husband and wife only after their marriage is solemnised in accordance with law. d) We accept the submission of the petitioner and the alleged detenue that they shall produce certificate to evidence their marriage in accordance with law by the next date of posting. e) The petitioner and the alleged detenue assert and we record that assertion that they shall not be making any demand for any property from respondents 6 and 7. 10. Call this petition again on 31/10/2011, on which date, the petitioner and the alleged detenue shall appear and produce before Court a certificate to prove that they are legally married. W.P.(Crl)No.432/11 6 A copy thereof shall be made available to the learned counsel for respondents 6 and 7. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl)No.432/11 7 W.P.(Crl)No.432/11 8 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009