IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(Crl.).No. 237 of 2008(S) --------------------------- PETITIONER: ------------------- P.S.GOPIKUTTAN NAIR, AGED 55 YEARS, S/O.SUKUMARAN NAIR, KALLATHILPARAMBIL HOUSE, VAZHAPPALLY EAST, CHANGANACHERRY. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENTS: ---------------------- 1. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. CITY POLICE COMMISSIONER, O/O THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, MALAYANKEEZHU, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, CHANGANACHERRY. 5. SREEJITH, C/O.ANIL, SIVAVILASOM, PALLICHAL, THIRUVANANTHAPURAM. 6. ANIL, SIVAVILASOM, PALLICHAL, THIRUVANANTHAPURAM. 7. USHA, SIVAVILASOM, PALLICHAEL, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.237/08 APPENDIX PETITIONER'S EXT: EXT.P1 TRUE COPY OF THE COMPLAINT. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.237 OF 2008 -------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Raman,J. Petitioner, who is the father of the alleged detenue by name Jayalakshmi, complains that his daughter is under the illegal custody of respondents 5 to 7. Pursuant to the direction issued, the alleged detenue was produced before us. We have interacted with her. She stated that she has completed M.Sc. (Mathematics), however, she has not passed in the said examination, she wants to study for B.Ed. course. She is in love with the 5th respondent-Sreejith. Since there was objection to marry him from her parents, she decided to go along with him. She submitted that subsequently she married the 5th respondent and registered it. An agreement of marriage registered in the Sub Registrar's Office is produced. She also submitted that their marriage as per custom was also performed in the temple in the presence of the parents of the 5th respondent. She also submitted that -2- WP(Crl).No.237/2008 she is not under the illegal custody as alleged in the writ petition. We also interacted with the 5th respondent and he stated that he married the alleged detenue and they are living as husband and wife. 2. We have also permitted the petitioner to interact with his daughter and the 5th respondent for quite sometime. Thereafter, we again asked her whether she wants to go along with her father and she stated that she wants to go along with her husband. Both the alleged detenue as well as the 5th respondent are majors and since it is submitted by the alleged detenue that she is not under the illegal custody of anybody, she is set free. Writ petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.