IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(Crl.).No. 493 of 2009(S) --------------------------- PETITIONER(S): --------------- MANU K.MADHU, S/O. MADHU, KALLIYIKAL VEEDU, CHEKKIDIKADU P.O., EDATHUVA, ALAPPUZHA. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA. 2. MUKUNDAN PILLAI, KANNAMPILLI HOUSE, CHEKKIDIKADU P.O., EDATHUVA, ALAPPUZHA. BY G.P. SRI. NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.493 of 2009-S ------------------------------------------------- Dated this the 6th day of January, 2010 JUDGMENT Basant,J. This judgment must be read in continuation of the order dated 30/11/09. 2. Today, when the matter came up for hearing, the petitioner along with the alleged detenue is present. The 2nd respondent is also present. It is reported that the marriage between the petitioner and the alleged detenue has already been celebrated and solemnised on 27/12/09 vide registration No.344/09. A certificate No.A3.28/08 dated 2/1/10 issued by the Special Grade Secretary, Ambalapuzha South Grama Panchayat is produced to confirm such marriage. 3. The disputes between the parties have already been W.P.(Cri) No.493 of 2009 -: 2 :- settled. We are satisfied that no further directions are necessary. The alleged detenue, who is now the wife of the petitioner, is permitted to leave the Court along with the petitioner as desired by them and as agreed by the 2nd respondent. 4. This writ petition is accordingly allowed to the above extent. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No.493 of 2009 -: 3 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.493 of 2009-S ------------------------------------------------- Dated this the 30th day of November, 2009 ORDER Basant,J. The petitioner - a young man aged about 25 years, has come to this Court with this petition for issue of a writ of Habeas Corpus to search for, trace and produce Ms.Chitra, aged about 24 years (born on 7/11/85), who, he claims, is his legally wedded wife and who, according to him, is under the illegal detention and confinement of the 2nd respondent, the father of the alleged detenue Ms. Chitra. This writ petition was filed on 25/11/09. It was admitted on the same date. Notice was ordered to the respondents. 2. Today, when the case is called, the petitioner is present W.P.(Cri) No.493 of 2009 -: 4 :- along with his counsel. His mother Mrs.Nirmala Madhu is also present along with him. 3. The 2nd respondent has entered appearance. Along with him, his wife Mrs. Remadevi is present. The 2nd respondent is not represented by any counsel. 4. The alleged detenue Ms.Chitra has also come to Court along with her parents. We interacted briefly with Ms. Chitra in Court. As she comes from the custody of the 2nd respondent, she was permitted to remain in the Chamber without opportunity for any one to influence her. As requested by her, she was permitted to interact with the petitioner herein. 5. After the lunch recess, we interacted initially with the alleged detenue separately and thereafter with her parents and subsequently with the petitioner and his mother. The learned counsel for the petitioner as also the learned Government Pleader are also present. 6. After discussions at the Bar, we are happy to note that the parties have come to an agreement and settlement. The alleged detenue states that she wants to get married to the petitioner with whom she is in love. The petitioner and the W.P.(Cri) No.493 of 2009 -: 5 :- alleged detenue have a case that they have already got married in accordance with the customary Hindu religious rites at the Puthukattukunnel Sree Shaktheeswara Temple on 16/10/09. But the parties are in agreement that the marriage of the petitioner with the alleged detenue can be formally and ceremonially performed after the return of the father of the petitioner from Muscat where he is presently employed. He is expected to return in December, 2009 and it is agreed by all concerned that the marriage shall be performed by 31/12/09. 7. The alleged detenue accepts that she will now return with the 2nd respondent and shall live with him until her marriage with the petitioner takes place with the blessings of her parents by 31/12/09. 8. It is agreed by all concerned that this case can be posted to a date after X-Mas vacation so that parties can by that date report solemnization of marriage and produce the marriage certificate before this Court. 9. We do, in these circumstances, direct that the case be called on 6/1/2010. On that date the parties shall appear before this Court and report solemnization of marriage between the W.P.(Cri) No.493 of 2009 -: 6 :- alleged detenue and the petitioner herein. The marriage certificate shall be produced on that date. The alleged detenue Ms. Chitra is permitted to leave this Court today along with her parents, as agreed by her. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/