IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(Crl.).No. 116 of 2008(S) --------------------------- PETITIONER: ------------ JOY VARGHESE, S/O.VARGHESE, PALLACHERI HOUSE, MUDAKUZHA, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------- 1. RATHIL VISWAMBHARAN, S/O.VISWAMBHARAN, PALLATH HOUSE, NEAR ASHRAMAM HIGH SCHOOL, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. VISWAMBHARAN, PALLATH HOUSE, NEAR ASHRAMAM HIGH SCHOOL, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. GEETHA VISWAMBHARAN, W/O.VISWAMBHARAN, PALLATH HOUSE, NEAR ASHRAMAM HIGH SCHOOL, PERUMBAVOOR, ERNAKULAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR. 5. THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR. R1 TO R3BY ADV. SRI.N.ANILKUMAR R4 & R5 BY GOVT. PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.116/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE FIR.NO.530/08 DATED 3/4/2008 PREPARED BY THE 4TH RESPONDENT. EXT.P2 TRUE PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE DATED 1/4/2008. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.116 OF 2008 -------------------------------- Dated this them 9th day of April, 2008 JUDGMENT Raman, J. Petitioner alleges that his daughter, Naina P. Joy, aged 22 years, working as Teacher in the Pothiyil Al Mubarak L.P. School, Manjappetty, was found missing from 1-4-2008 onwards. A complaint was made to the police and an F.I.R. was registered. Subsequently, the petitioner received some anonymous calls intimating that the marriage of her daughter with the lst respondent has been registered in the Sub Registrar's Office, Perumbavoor. On 3/4/2008 a certificate of marriage under the Special Marriage Act of the lst respondent with the Naina P. Joy was sent by the lst respondent through post to the petitioner. According to the petitioner, his daughter is forcibly taken by the lst respondent and he alleges that her marriage with the lst respondent is under threat and coercion and that she is under the illegal custody. 2. Pursuant to the notice issued, the alleged detenue appeared before us. We have interacted with her for quite some time incamera and she stated that she is a major, she is working as Teacher in an L.P. -2- WP(Crl).No.116/2008 School, she had gone along with the lst respondent on her own accord and she is not under the illegal custody as alleged in the writ petition. She also submitted before us that she married the lst respondent under the Special Marriages Act and not under threat or coercion as alleged in the writ petition; but it was a decision taken after serious thinking. According to her, she fell in love with the lst respondent. She knew that with the permission of her parents the marriage will not take place. In the circumstances, they decided to get married under the Special Marriages Act and now she is residing with the lst respondent as husband and wife. 3. At the request of the petitioner we have permitted the petitioner and his wife to talk with her daughter, the alleged detenue, in chambers for quite some time. Thereafter also we have interacted with the girl asking whether she is prepared to go along with her parents, to which she replied in the negative. She stood to her earlier stand that she wants to go along with her husband, the lst respondent herein. In the circumstances, we find no merit in the writ petition and it is accordingly dismissed. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.