IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(Crl.).No. 294 of 2010(S) --------------------------- PETITIONERS: --------------- 1. P.P.VIJAYAMMA, AGED 60 YEARS, GO 5, AISWARYA APARTMENT, CHAMPAKKARA, POONITHURA.P.O., ERNAKULAM. 2. P.AMBIKA KUMARI, AGED 58 YEARS, PARAKKAL HOUSE, KUNNAMTHANAM, PATHANAMTHITTA. BY ADV. SRI.KOSHY GEORGE RESPONDENTS: --------------- 1. SHYJU PHILIP, PULIMOOTTIL, THONITHARA BHAGOM, NEDUMKUNNAM, KOTTAYAM DISTRICT. 2. SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION. 3. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY. 4. THE SUPERINTENDENT OF POLICE, KOTTAYAM. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.JOSE PALLATTUKARAN FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. ********************** W.P(Crl.) No.294 of 2010 ********************* Dated this the 2nd day of September, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier orders resting with the order dated 30.08.2010. Today when the case is called, the petitioners are present along with the alleged detenue. They are represented by a counsel. Respondent No.1 is present. He is represented by his counsel. 2. We interacted with the alleged detenue alone initially and later in the presence of the 1st respondent. Subsequently the petitioners were also involved in the interactions. The alleged detenue asserts that she wants to go with her mother and does not want to continue relationship with the 1st respondent. Notice for the marriage has been given, but she does not want to complete the procedure and does not want to marry the 1st respondent now. She states that she has now taken the firm decision not to continue the relationship with the 1st respondent. W.P(Crl.) No.294 of 2010 2 3. It is true that as per the order dated 22.07.2010, the parties had agreed for a harmonious settlement of the disputes. But after the alleged detenue was sent with the petitioners and after she and the 1st respondent gave notice for solemnisation of marriage under the Special Marriage Act, the alleged detenue has gone back on her word and does not want the marriage to take place now. We felt that the alleged detenue is under great mental strain. We had hence sent her back along with the petitioners on 30.08.2010 to take a firm and informed decision. Today also we offered her, if she wants further time to take a decision, to send her to a hostel, so that, she can take a decision uninfluenced by anyone. She states that she does not want to be sent to the hostel and would like the matter to be closed now. We note that the alleged detenue is an adult major woman, aged 22 years (date of birth - 11.04.1988). She is an educated woman, she having passed her B.Tech. Computer course. We are informed that she has been working as a school teacher for six months prior to this petition. We respect her decisional autonomy. 4. In the result: a) This Writ Petition is allowed; W.P(Crl.) No.294 of 2010 3 b) The alleged detenue Neeraja is permitted to leave the Court along with the petitioners; c) We record the submission of both sides that there shall be no vexatious or retaliatory action against the other from either; d) The learned Government Pleader submits that if any of the parties have any grievance, they can lodge complaint before respondent Nos.2 to 4 or any other appropriate police official and the needful shall be done by them in the event of any such genuine complaints. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS , JUDGE) rtr/ W.P(Crl.) No.294 of 2010 4 R.BASANT & M.L.JOSEPH FRANCIS, JJ. ********************** W.P(Crl.) No.294 of 2010 ********************* Dated this the 30th day of August, 2010 ORDER BASANT, J. W.P(Crl.) No.294 of 2010 5 Petitioners are present. The alleged detenue has come to Court along with the petitioners. The petitioners are represented by their counsel. 2. The 1st respondent is present. He is represented by a counsel. We are informed that though notice under the Special Marriage Act has been given and the marriage can be solemnised and registered at any moment now, the marriage has not been solemnised and registered so far. We had interactions with all concerned in the presence of their counsel. The learned Government Pleader was also present. We do not want to record the details of what transpired. But we are of the opinion that the alleged detenue deserves to be granted some further time to take a decision and to convey her decision to us. We are informed that the 1st petitioner is to retire from service on 31.08.2010. We do, in these circumstances, permit the alleged detenue to return from Court along with the 1st petitioner today on the same terms and conditions which were stipulated as per order dated 22.07.2010. Appropriate further directions shall be issued on 02.09.2010 after we interact with the alleged detenue. 3. Call this petition again on 02.09.2010 at 1.45 p.m in the Chamber. W.P(Crl.) No.294 of 2010 6 (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ W.P(Crl.) No.294 of 2010 7 R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.294 of 2010 ********************* Dated this the 28th day of July, 2010 ORDER BASANT, J. Both counsel are present. The petitioners are present. Along with them, the alleged detenue has also come to Court. The learned Government Pleader is also present. 2. We are informed that the arrangements struck as per our earlier order dated 22.07.2010 are working satisfactorily and harmoniously. Notice for solemnisation of marriage under the Special Marriage Act has already been given on 23.07.2010. The 1st respondent is not present. But his counsel has produced copy W.P(Crl.) No.294 of 2010 8 of the receipt evidencing payment of the requisite fee for notice of marriage. The alleged detenue has no complaints. 3. We do, in these circumstances, post the case to 30.08.2010 to enable the parties to produce the marriage certificate. 4. Call on 30.08.2010 on the Bench . (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/