IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(Crl.).No. 482 of 2010(S) --------------------------- PETITIONER: --------------- ANEES.C.A, S/O.C.H.ABDUL SALAM, AGED 21 YEARS, BUSINESS, CHERUMMOODEN HOUSE, KANJIRAKKADU, RAYONPURAM P.O., PERUMBAVUR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA-683 101. 2. SUB INSPECTOR OF POLICE, PERUMBAVUR POLICE STATION, ERNAKULAM DISTRICT-683 542. 3. HAMZAKOYA, AGED ABOUT 48 YEARS, PUTHIYETH HOUSE, ANDROTH ISLAND, U.T.OF LAKSHADEEP, PIN-682 551. 4. CIRCLE INSPECTOR OF POLICE, ANDROTH, LAKSHADEEP ISLAND-682 551. ADDL.R5. THE SUPERINTENDENT OF POLICE, LAKSHADWEEP ISLAND. (Addl.R5 is impleaded as per order dated 17.12.2010 in I.A.No.17557 of 2010 in W.P(Crl.) No.482 of 2010) SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZARADV ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R4 & 5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.482 of 2010 ***************************** Dated this the 21st day of December, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court for the second time now for issue of a writ of habeas corpus to search for, trace and produce Pyari, aged 22 years (date of birth - 26.11.1988) with whom, according to the petitioner, he has already got married. The earlier Writ Petition was dismissed as withdrawn vide Ext.P2 judgment as settled. Pyari belongs to Lakshadweep Islands. She had done her Teachers Training Course at Perumbavur. While she was residing at Perumbavur, she and the petitioner got acquainted with each other. They fell in love. A nikah ceremony was allegedly performed on 22.06.2010. According to the petitioner, the alleged detenue was being illegally detained and confined by her father, the 3rd respondent herein, who does not approve of the marriage between the alleged detenue and the petitioner. He hence prayed that a writ of habeas corpus may be issued to search for, trace and produce the alleged detenue before Court. 2. This petition was filed on 10.12.2010. It came up for hearing on 13.12.2010. We wanted the learned Government Pleader to take instructions and make submissions as to whether the matter merits admission. After the petition was filed on W.P(Crl) No.482 of 2010 2 10.12.2010, the case was posted to 13.12.2010, 17.12.2010 and 20.12.2010. On 17.12.2010, this Writ Petition was admitted. When the matter came up on 20.12.2010, it was reported that the parties have now settled all their outstanding disputes and the alleged detenue shall be produced before this Court today. Accordingly this case was posted to this date. 3. Today when the case is called, the petitioner is present. The alleged detenue is present. Sri.Fathahrudhin, brother of the 3rd respondent, has appeared before this Court. Along with him, he has brought the alleged detenue Pyari to Court. 4. We interacted with the alleged detenue alone initially and later in the presence of the petitioner and the said Fathahrudhin, the brother of the 3rd respondent. They state before us that all their disputes have been settled. The alleged detenue is now willing to return from Court along with Shri Fathahrudhin, brother of the 3rd respondent. The petitioner also accepts this arrangement. But it is agreed that the marriage between the petitioner and the alleged detenue shall be performed with the blessings and approval of the 3rd respondent prior to 30.04.2010. It is accepting this undertaking that the petitioner and the alleged detenue submit that they do not want W.P(Crl) No.482 of 2010 3 any further relief/direction in this Writ Petition. 5. In the result: a) This Writ Petition is, in these circumstances, dismissed; b) We accept the submission of Shri Fathahrudhin, brother of the 3rd respondent, that the marriage between the petitioner and the alleged detenue shall be performed in accordance with religious rites prior to 30.04.2011; c) We record the submission of the petitioner that in the light of the above stipulations, no further directions are necessary; d) We record the statement of the alleged detenue that in the light of the above agreement, she is willing to return from Court along with her paternal uncle Shri Fathahrudhin; e) We record the fact that the alleged detenue has returned from Court along with the said Shri Fathahrudhin. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(Crl) No.482 of 2010 4