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 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(Crl.).No. 191 of 2009(S) --------------------------- PETITIONER: ------------- GOPALAKRISHNAN, AGED 44 YEARS, S/O.RAMACHANDRAN, PUSHPALAYAM, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKARA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, KURATHIKKADU, MAVELIKARA. 3. SAJU, AGED 25 YEARS, S/O.KITTAN, VADUTHALAYIL HOUSE, VETTIYAR (PO), MAVELIKARA. 4. KITTAN, VADUTHALAYIL HOUSE, VETTIYAR (PO), MAVELIKARA. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR ADV.SHRI R.PADMAKUMAR FOR R3 & R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl).No. 191 OF 2009 ----------------------------------------------------- DATED THIS THE 22nd DAY OF MAY, 2009 J U D G M E N T Basant, J. This petition is filed by the petitioner alleging that his daughter Divya, a girl aged 18 years was missing from 23.4.2009 and her whereabouts could not thereafter be traced. Admittedly, the girl is a major, she having completed the age of 18 years. The petitioner apprehended that his daughter Divya was being detained unlawfully by the 3rd and 4th respondents. 3rd respondent is a young man aged 25 years. 4th respondent is the father of the 3rd respondent. As the police was not taking any proper action to trace the daughter of the petitioner, the petitioner came to this Court with this petition under Article 226 of the Constitution of India, for issue of a writ of habeas corpus. 2. The petition was admitted and was posted to 22.5.2009, directing the second respondent, Sub Inspector of Police to make all attempts to trace the petitioner's daughter and to produce her before this Court. Today, the police have secured W.P.(CRL)No.191/09 -2- the presence of the daughter of the petitioner, the said Divya as also the 3rd and 4th respondents before this Court. Before Court, respondents 3 and 4 are represented by a counsel. For the alleged detenue Divya also the said counsel has filed vakalath. On behalf of respondents 3 and 4 and the said Divya, it is submitted before us that Divya is not under the illegal custody as confinement of anyone. She is a major and has attained the age of 18 years. There has been a legally valid marriage solemnised between the said Divya and the 3rd respondent Saju at Dakshina Kailasam Thiru Attuva Mahadevar Temple on 10.5.2009. In these circumstances, the counsel for respondents 3 and 4 and the said Divya pray that this Writ Petition may now be dismissed. 3. The petitioner is present in court. His counsel submits that if a valid marriage has taken place and his daughter Divya wants to be with the 3rd respondent, he has no objection. But, it may be ensured that there is a legally valid marriage and that his daughter is not left in the lurch in future. 4. The wishes of the alleged detenue was ascertained by us. She stated in open court that the 3rd and 4th respondents are W.P.(CRL)No.191/09 -3- her husband and father-in-law respectively, the marriage between her and the 3rd respondent having been solemnised at the above said Temple on 10.5.2009. 5. To leave nothing to chance, the counsel for the petitioner prayed and we directed the alleged detenue as also the 3rd and 4th respondents to file separate affidavits confirming that a legally valid marriage has taken place between the 3rd respondent and the said alleged detenue Divya. Affidavits have been filed by all of them. Along with the affidavit of the 3rd respondent, a certificate issued by the Secretary of the Dakshina Kailasam Thiru Attuva Mahadevar Temple dated 10.5.2009 has also been produced, which confirms that the marriage between the 3rd respondent and the said Divya was solemnised on 10.5.2009 between 11.10 and 11.45 AM. 6. We accept the submissions of the 3rd and 4th respondents and the alleged detenue Divya. We are satisfied that the alleged detenue Divya is not under any illegal confinement. We are satisfied that she can be permitted to leave the court with the 3rd and 4th respondents, true to her desire. W.P.(CRL)No.191/09 -4- The petitioner, who is present in court does not raise any objection to that course. 7. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. The above facts/circumstances/events are recorded. This Writ Petition is accordingly dismissed permitting the alleged detenue Divya to leave the court with the 3rd and 4th respondents as desired by her. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn