IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(Crl.).No. 160 of 2011(S) ------------------------------------ PETITIONER(S): --------------------- ROSAMMA MATHEW, W/O.MATHEW, AGED 45 YEARS, ELLIKKAL HOUSE, MANKUVA P.O., MURIKKASSERY, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, VELLATHUVAL POLICE STATION, IDUKKI DISTRICT, PIN - 685563. 2. CIRCLE INSPECTOR OF POLICE, ADIMALI, IDUKKI DISTRICT - 685 561. 3. DY.S.P., IDUKKI, IDUKKI DISTRICT - 685 603. 4. MANOJ RAJAN, S/O.RAJAN, VAZHAPALLIL HOUSE, MANKAVU P.O., 685 602 MURIKKASSERY, IDUKKI DISTRICT R1 TO R3 BY SR. GOVERNMENT PLEADER SHRI C. M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.160 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT DATED 22/03/2011. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 160 OF 2011 S ------------------------------------------ Dated this the 28th March, 2011 JUDGMENT K.M. Joseph, J. Petitioner is the mother of the alleged detenu. The alleged detenu is her daughter. She alleges illegal detention against the fourth respondent. 2. We interacted with the alleged detenu, Ms. Anuja Mathew. She would say that she is in love with the fourth respondent. According to them, they were married under the Hindu rites. But, we cannot act upon the said marriage. The alleged detenu is not inclined to go and stay with her mother. 3. We also interacted with the petitioner. We heard the learned counsel appearing on behalf of the petitioner and also the learned Government Pleader. We also interacted with the fourth respondent. W.P.(CRL).NO.160/2011 S 2 4. The alleged detenu is studying for her B. Sc. in General Nursing in Hyderabad. The alleged detenu and the fourth respondent would say that they are prepared to have their marriage solemnized under the Special Marriage Act. The alleged detenu would say that she will go back to Hyderabad and stay in Hyderabad. In the circumstances of this case, we dispose of the Writ Petition as follows: The alleged detenu will reside in the Shanthi Nikethan Hostel, Near Lourde Hospital, Pachalam, Ernakulam till 29.3.2011. She will be accompanied to the said Hostel by a woman Police Constable not in uniform. We request the hostel authorities to accommodate the alleged detenu for one day. Tomorrow, the alleged detenu will proceed to Hyderabad by the 12'0 clock train and she may leave the hostel by 8/30 AM. She will proceed to Hyderabad and she will reside there and after the issuance of the notice under the Special Marriage Act which the parties are agreeable to issuing, and after the passage of thirty days thereafter, W.P.(CRL).NO.160/2011 S 3 the marriage may be solemnized under the Special Marriage Act. Post this case on 31.5.2011 for production of the Marriage Certificate. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge