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 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(Crl.).No. 492 of 2009(S) --------------------------- PETITIONER(S): --------------- ANANDAN, PUTHEN VEETTIL, NEAR ELAMPALLOOR, POLICE QUARTERS, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. DISTICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KUNDARA, POLICE STATION, KOLLAM. 3. ANIL, S/O.VELAYUDHAN, NALUVILA VEETTIL, KOLLAM DISTICT. GOVERNMENT PLEADER SMR.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.492 of 2009 ---------------------------------------- Dated this the 1st day of December 2009 J U D G M E N T Basant,J The petitioner has come to this court with the petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Asha, aged 22 years, born on 05/05/1987. She has been found missing from 11/11/2009 and the petitioner apprehended that his daughter, the alleged detenue Asha was being illegally detained and confined by the 3rd respondent, a neighbour. As the attempts to trace the alleged detenue did not succeed, the petitioner came to this court with this petition on 23/11/2009. 2. This petition was admitted on 24/11/2009 and the case was posted to this date after issuing notice to all the respondents. 3. Today when the case came up for hearing, the petitioner is present along with his wife. His learned counsel is also present. A nephew of the petitioner is also present along with him. The 3rd respondent has appeared before court. Along W.P.Crl No.492/09 2 with him, the alleged detenue has also come to court. They are not represented by any counsel. 4. As the alleged detenue comes from the custody of the 3rd respondent, we permitted her to remain alone in the chamber without opportunity for the 3rd respondent to influence her. The alleged detenue was permitted to interact with her parents. 5. We interacted with the alleged detenue after lunch recess in the chamber. We initially interacted with her separately; later we interacted with her in the presence of her parents and subsequently in the presence of the 3rd respondent also. The learned counsel for the petitioner as also the learned Government Pleader were present. 6. The alleged detenue Asha and the 3rd respondent Anil submit that they are in love. They had decided to get married and that they had eloped together on 11/11/2009. They are close neighbours and therefore they were not residing in the house of the 3rd respondent; but they were residing in the house of a maternal aunt of the 3rd respondent. They have come to court from the residence of the said aunt, who has also come along with them to the court. The alleged detenue and the 3rd respondent submit that they have got married in accordance W.P.Crl No.492/09 3 with the Hindu religious rites and ceremonies on 17/11/2009. The marriage took place at Sreekandeshwaram Devaswam in Pandalam Thekkekkara village. A certificate dated 21/11/2009 - Reg.No.125/09/com issued by the Secretary of the Pandalam Thekkekkara Gramma Panchayat is produced to confirm such marriage. Copy of the marriage register of the Sreekandeshwaram Devaswam Thatta, Pongalady is also produced to confirm that such marriage has taken place. 7. After our interactions with the alleged detenue, we are convinced that she is not under any illegal detention or confinement. She, on her free will, has got married to the 3rd respondent and is living with him as his wife. The name of the 3rd respondent is described in the petition as Anil; but the record show and it is asserted that his name is Ani. 8. The petitioner and his wife are also now satisfied that the alleged detenue is not under illegal detention or confinement of the 3rd respondent. We explored the possibilities of a harmonious settlement; but the petitioner and his wife submit that at the moment, they are not able to come to terms with the reality of the marriage between the alleged detenue and the 3rd respondent. They submit that with elapse of time, they may be W.P.Crl No.492/09 4 able to reconcile to the situation. They submit that the alleged detenue and the 3rd respondent are at liberty to live as husband and wife happily and peacefully wherever they want. No further directions are, in these circumstances, necessary in this writ petition, they submit. 9. Having convinced ourselves that there is no illegal detention or confinement of the alleged detenue by the 3rd respondent or any other, we are satisfied that this writ petition need only be dismissed. Accordingly, this writ petition is dismissed. The alleged detenue Asha is permitted to leave the court along with the 3rd respondent, with whom she has come to court - as desired by her and as permitted by her parents. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.492/09 5 W.P.Crl No.492/09 6 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009