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 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(Crl.).No. 184 of 2010(S) --------------------------- PETITIONER : --------------- JACOB V.M., AGED 52 YEARS, S/O.THE LATE IDICHANDY MATHEW, ASHIRVAD BHAVAN, ELENGUMANGALAM, ENATHU.P.O, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD SMT.SUMEY CHANDRAN SRI.V.S.PREJITH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB-INSPECTOR OF POLICE, ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT. 3. UMESH, AGED 24 YEARS, S/O.SURA, GIRISH BHAVAN, ELANGUMANGALAM, ENATHU.P.O, PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.ENOCH DAVID SIMON JOEL FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.184 of 2010 ********************* Dated this the 8th day of June, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier order dated 26.05.2010. Today when the matter came up for hearing, the learned counsel for the petitioner submits that the petitioner and his wife have availed of the opportunity granted to them by this Court as per order dated 26.05.2010. They are now satisfied that their daughter, the alleged detenue, is not under any illegal confinement or detention. In these circumstances, no further relief is claimed in this Writ Petition, submits the learned counsel for the petitioner. 2. The learned counsel for the petitioner however brings to the notice of the Court that as yet the alleged detenue and the 3rd respondent are not shown to have entered valid matrimony. This causes concern to the petitioner and his wife, submits the learned counsel for the petitioner. It is prayed that this Court may ensure that the 3rd respondent and the alleged detenue enter into legal matrimony and satisfy the Court that their marriage has been solemnised and registered in accordance with law. W.P(Crl.) No.184 of 2010 2 3. The 3rd respondent has filed a counter affidavit. In such counter affidavit, he denies the allegations raised against him by the petitioner. However, he submits that notice has been given under the Special Marriage Act for solemnisation of marriage. Notice was given on 30.04.2010. But for the objections raised by the petitioner, the marriage should have been solemnised and registered by now. However, the learned counsel for the 3rd respondent submits that the 3rd respondent shall ensure that the marriage is solemnised and registered in accordance with the Special Marriage Act and a certificate of marriage shall be produced before this Court along with a copy to be furnished to the petitioner. The petitioner agrees to withdraw all objections raised by him against such marriage immediately. 4. We find that the parties have almost settled their disputes now and the only surviving request is that the marriage may be solemmised under the Special Marriage Act and a copy of the marriage certificate be made available to the petitioner. Inasmuch as the 3rd respondent undertakes to do so, we are satisfied that no further specific directions are necessary. 5. This Writ Petition is, in these circumstances, dismissed. W.P(Crl.) No.184 of 2010 3 6. Call this petition again on 30.06.2010. On that day, we expect the 3rd respondent to produce the marriage certificate for perusal of the Court along with a copy to be furnished to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/