IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(Crl.).No. 238 of 2009(S) --------------------------- PETITIONER(S): --------------- N.JAYADEVAN, S/O. NARAYANAN, AGED 46 YEARS, KOTTAVILA PUTHENVEEDU (KOCHUKARIKKATHIL), MANCHADI PANA, PANAVELI P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, KOLLAM. 2. DEPUTY SUPERINTENDENT OF POLICE, PUNALUR. 3. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA. 4. SUB INSPECTOR OF POLICE, KOTTARAKKARA. 5. RETHEESH, S/O. SANTHA, KUNDAMKONATH MELATHIL VEEDU, MANCHADI PANA, PANAVELI P.O., KOTTARAKKARA, KOLLAM DISTRICT. 6. SANTHA, KUNDAMKONATH MELATHIL VEEDU, MANCHADI PANA, PANAVELI P.O., KOTTARAKKARA, KOLLAM DISTRICT. ADV. SRI.D.KISHORE FOR R5 & R6 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.238 of 2009 ---------------------------------------- Dated this the 17th day of July 2009 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 his minor daughter Sija Jayadevan, aged 17 years. He alleged that his minor daughter was being kept under illegal custody and confinement by respondents 5 and 6, a young man aged less than 21 years and his mother. 2. Notice was issued to the respondents. Respondents 5 and 6 appeared before this court along with the alleged detenu Sija Jayadevan on 24/6/2009. Sija Jayadevan, when she was interviewed in the chamber, asserted that she does not want to return with the petitioner and his wife, her parents. It is reported to us that earlier the minor had attempted to commit suicide when her parents did not approve of her relationship with the 5th respondent. Our attempts to persuade Sija Jayadevan to go with her parents, the lawful guardian, did not succeed on that day. We did not think it safe, in the background W.P.Crl No.238/09. 2 of facts which we were apprised of to send the minor along with her parents on that day. We requested the parties to attempt a harmonious settlement. We granted the parents, time to speak to the minor child and persuade her to go with the parents. As the efforts did not succeed on that day, we directed that the child be permitted to remain at the Santhi Nikethan hostel till 06/07/2009. It was expected that, in the meantime, the parties will talk over the matter and reach some settlement or that the parents, the lawful guardians will be able to persuade the minor child to accompany them. Even on 06/07/2009, when the case was called, we found that the parties have not settled the matter nor were the petitioner and his wife (and their relatives) able to persuade the minor child to go with them. Accordingly, the minor child was permitted to continue in the hostel and the case was directed to be called today. 3. Today when the case was called, we find that there is a harmonious settlement. It is agreed that the minor shall return happily along with the petitioner and his wife from court. They agree that the minor shall not be given away in marriage until she attains the age of 18 years nor shall she be married away without her consent even after she attains the age of 18 years. W.P.Crl No.238/09. 3 They further undertake in court that they shall give education for the child and shall produce the child again before this court on 09/03/2010, by which date, the minor, who is said to be born on 06/03/1992 would be attained majority. The minor also understands the terms of the settlement and signifies her acceptance of the same. 4. We are, in these circumstances, satisfied that no further or specific directions are necessary in this writ petition. The writ petition is hence allowed and the minor child Sija Jayadevan, aged 17 years (born on 06/03/1992), is permitted to leave the court along with her parents - the petitioner herein and his wife. The case shall be called again on 09/03/2010 for further directions, if any, necessary. 4. The alleged detenu shall appear before this court on that date. 5. This writ petition is accordingly allowed on the above terms. Call again on 09/03/2010. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.Crl No.238/09. 4 W.P.Crl No.238/09. 5 W.P.Crl No.238/09. 6 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009