IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(Crl.).No. 371 of 2010(S) --------------------------- PETITIONER(S): --------------- SHAJEER KHAN,AGED 25, S/O.PEERU MOHAMMED, T.C.20/1452,SHAFEER MANZIL,KUNJALUMOODU, KARAMANA PO,THIRUVANANTHAPURAM 695 002. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD DIVISION,NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, ARYANAD CIRCLE,NEDUMANGAD,THIRUVANANTHAPURAM. 3. THE SUB-INSPECTOR OF POLICE, ARYANAD POLICE STATION,NEDUMANGAD, THIRUVANANTHAPURAM. 4. M.ABDUL RAHIM,REHNA GARDENS, NEAR L.M.L.P.S,PULIMOODU,KULAPPADA PO, ARYANAD,NEDUMANGAD,THIRUVANANTHAPURAM-695 542. 5. SOUDA BEEVI,REHNA GARDENS, NEAR L.M.L.P.S,PULIMOODU,KULAPPADA PO, ARYANAD,NEDUMANGAD,THIRUVANANTHAPURAM-695 542. BY GOVT. PLEADER SRI.A.J. VARGHESE. ADV. SRI.JOSIN PAUL FOR R4 & 5 SRI.V.AJITH FOR R4 & 5 SRI.K.A.ABHILASH FOR R4 & 5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- W.P.(Cri) No. 371 of 2010 S ------------------------------------------------- Dated this the 27th day of October, 2010 JUDGMENT Basant, J. This judgment must be read in continuation of the various earlier orders passed by us resting finally with the order dated 18/10/10. 2. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce `Surumi' - a young woman aged about 20 years (date of birth - 25/9/90). She is a student of the 2nd year B.Tech. Course. She and the petitioner were in love. They had decided to get married. Notice of intention to marry under the Special Marriage Act was lodged on 11/8/10. According to the petitioner, the proposed marriage did not meet with the approval of the parents of Surumi - the alleged detenue. Respondents 4 W.P.(Cri) No. 371 of 2010 -: 2 :- and 5 are the parents of the alleged detenue. They were illegally detaining and confining her, it was alleged. It is, in these circumstances, that the petitioner came to this Court with this petition for issue of a writ of habeas corpus on 20/9/10. 3. This petition was admitted on 20/9/10. Orders were passed subsequently on 24/9/10, 5/10/10 and 18/10/10. 4. In fact, attempts were made to persuade the parties to settle their disputes harmoniously. Various proposals were traded; but we now find that all those attempts have been proved to be in vain and non-productive. The petitioner and the alleged detenue want to get married immediately. The parents of the alleged detenue are unable to agree and accept the said proposal of the petitioner and the alleged detenue to get married to each other. They had wanted time and had stated that they may ultimately agree if the alleged detenue after completing her academic course wants to get married to the petitioner. The petitioner and the alleged detenue are not willing to wait. The father of the petitioner Sri. Peeru Mohammed has also come to Court today. He submits that he is willing to accept the alleged detenue as his daughter-in-law. The 4th respondent - the father W.P.(Cri) No. 371 of 2010 -: 3 :- of the alleged detenue, has not come to Court today. The 5th respondent and a brother of the 4th respondent are present. The petitioner is represented by his counsel. Respondents 4 and 5 are also represented by their counsel. The learned Government Pleader is also present. 5. The alleged detenue states before us categorically that she wants to get married to the petitioner immediately. Notice under the Special Marriage Act has been given on 11/8/10. They can now get married on any day before 11/11/10. Sri. Peeru Mohammed agrees that he is willing to take the alleged detenue along with him. The petitioner, his father Peeru Mohammed and the alleged detenue agree and undertake that they shall get the marriage of the petitioner and the alleged detenue solemnized and registered under the provisions of the Special Marriage Act within a period of three days. The father of the petitioner, the petitioner and the alleged detenue agree and undertake that the petitioner and the alleged detenue shall not cohabit as husband and wife till their marriage is solemnized and registered under the provisions of the Special Marriage Act. They further undertake that the certificate of marriage shall be W.P.(Cri) No. 371 of 2010 -: 4 :- produced before this Court on the next date of posting if the case is posted to a date after 15 days. 6. Respondents 4 and 5 had always expressed a concern that the alleged detenue must be enabled to complete her B. Tech. Course. The petitioner has filed an affidavit undertaking that even after the marriage the alleged detenue shall continue her studies and under no circumstance her studies will be discontinued until she completes her B.Tech. Degree Course. We accept the said submission/undertaking/affidavit. 7. In a petition for issue of a writ of habeas corpus we are primarily concerned with the response of the alleged detenue. The alleged detenue states before us categorically that she is not under any illegal detention or confinement; but she does not want to continue her residence along with respondents 4 and 5. She wants to leave this Court along with the petitioner and get married to him. 8. We are satisfied that the alleged detenue - an adult major woman, is expressing herself voluntarily and not under any pressure or influence. We respect her decisional autonomy. As stated earlier, she has passed the age of 20 years now. W.P.(Cri) No. 371 of 2010 -: 5 :- Notwithstanding the unwillingness of respondents 4 and 5 she wants to get married to the petitioner and reside with him. We are satisfied that her decision can be accepted. 9. In the result: (a) This writ petition is allowed. (b) The alleged detenue Surumi is permitted to leave this Court along with the petitioner and his father Peeru Mohammed. (c) We accept the undertaking of the petitioner, his father and the alleged detenue that the marriage between the petitioner and the alleged detenue shall be solemnized and registered under the provisions of the Special Marriage Act at the earliest - at any rate, within a period of 3 days. (d) We accept their further undertaking that till such marriage takes place, the petitioner and the alleged detenue shall not cohabit as husband and wife. (e) We accept the affidavit/undertaking of the petitioner and the alleged detenue that she shall continue her education and complete her B. Tech. Course even after her marriage. (f) Finally we accept the submission of the petitioner and the alleged detenue that the certificate of marriage issued under W.P.(Cri) No. 371 of 2010 -: 6 :- the provisions of the Special Marriage Act shall be produced before this Court by them on the next date of posting along with a copy thereof for being furnished to respondents 4 and 5. (g) The alleged detenue requests and it is accepted that all books, certificates, college records etc., of the alleged detenue which are available with respondents 4 and 5 shall be returned to the alleged detenue through court on the next date of posting i.e., 15/11/10. 10. Call on 15/11/10. Sd/- R. BASANT (Judge) Sd/- M.L. JOSEPH FRANCIS (Judge) Nan/ //true copy// P.S. to Judge