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. 57 of 2011(S) -------------------------- PETITIONER: --------------- SUBAIDA, W/O.ASHRAF, THEPARAMBIL, MURAVANTHURUTH, VADAKKEKKARA, N.PARUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SRI.M.K.FAISAL RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUB INSPECTOR OF POLICE, POLICE STATION, VADAKKEKKARA, N.PARUR-683 513. 3. NOBLE, S/O.KUNHAPPAN, KOOTTUNGAL, KATTATHURUTH, VADAKKEKKARA, N.PARUR-683 513. GOVERNMENT PLEADER FOR, SHRI C M KAMAPPU FOR R1-2 SRI.V.G.ARUN FOR R2 SRI.SUNILNATH FOR R2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT JOSEPH J., PURSUANT TO THE ORDER DT.9.2.201, LEARNED COUNSEL FOR THE 3RD RESPONDENT MAKES AVAILABLE CERTIFICATE OF MARRIAGE UNDER THE SPECIAL MARRIAGE ACT TO EVIDENCE THE MARRIAGE BETWEEN THE 3RD RESPONDENT AND THE ALLEGED DETENUE. ACCORDINGLY WE CLOSE THE WRIT PETITION. SD/- K.M.JOSEPH, JUDGE SD/- M.L.JOSEPH FRANCIS, JUDGE 28.3.2011 K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl.) No. 57 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February 2011 ORDER Joseph J., The petitioner seeks a writ of habeas corpus for the production of her daughter, who is alleged to be in illegal detention of the third respondent. The alleged detenue and third respondent are present. The alleged detenue submits that she is not under any illegal detention and she is in love with the third respondent. According to her, she is already married to the third respondent. The parties belong to two different religions and the marriage can be solemnised only under the Special Marriage Act. 2. The learned counsel for the third respondent would submit that the third respondent is agreeable for the marriage being solemnised under the Special Marriage Act. He points out that birth certificate of the detenue may be necessary to solemnise the marriage under the Special Marriage Act. W.P. (Crl.) No. 57 of 2011 S :2: 3. The petitioner is present and she is agreeable for giving the certificate. The learned counsel for the petitioner submits that the petitioner has no objection in the detenue residing, in the circumstances, with the third respondent. The only submission made is that the marriage may be done in the proper way. In these circumstances, we permit the alleged detenue to go with the third respondent. 4. Post this case on 28.3.2011, on which day the detenue and the third respondent shall be present along with the Marriage certificate under the Special Marriage Act. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/