IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(Crl.).No. 552 of 2011(S) ---------------------------------------- PETITIONER(S): -------------------------- NAZEEMA BEEVI, D/O. SAINA BEEVI, AGED 48, SHEENAZ VILLA, 9 CHANDRAMANGALAM, KATTAKKADA PANCHAYATH, THIRUVANANTHAPURAM - 695 572. BY ADVS. SRI.SASTHAMANGALAM S. AJITHKUMAR, SRI.V.S.THOSHIN. RESPONDENT(S): -------------------------- 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM - 695 001. 2. SUB INSPECTOR OF POLICE, KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM - 695 013. 3. SASIDHARAN, S/O. SUKUMARAN, AGED ABOUT 50 YEARS, ARUN BHAVAN, THODUVATTYPARA, MELE PUTHEN VEEDU, KARINGAL MARANALLOOR VILLAGE, KANDILA.P.O, PIN - 695 372. 4. ARUN SASIDHARAN, S/O. SASIDHARAN, AGED 26 YEARS, FROM ARUN BHAVAN, THODUVATTYPARA, MELE PUTHEN VEEDU,KARINGAL MARANALLOOR VILLAGE,KANDILA.P.O, PIN - 695 372. NOW WORKING AS TUTOR, C/O.4016,ARMY MEDICAL CORE, FIELD HOSPITAL, JAMMU, MOB NO.09018046102. BY DIRECTOR GENERAL OF PROSECUTION SRI.ASIF ALI R1 & R2 BY SR.GOVERNMENT PLEADER SRI. T.RAMAPRASAD UNNI R3 BY ADV. SRI.D.ROBINSON THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(CRL.)NO.552/2011 S APPENDIX PETITIONER'S EXHIBITS: P1: PETITION BEFORE THE SUB INSPECTOR OF POLICE. P2: COPY OF THE LETTER RECEIVED BY THE PETITIONER. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE MARRIAGE CERTIFICATE DTD.5/11/2011 IN HINDI WITH ITS ENGLISH TRANSLATION. R3(B): COPY OF TWO AFFIDAVITS DTD. 5/11/2011 EXECUTED BY SHINUJA BASHEER BEFORE THE PUBLIC NOTARY, JAMMU CITY. R3(C): COPY OF MARRIAGE AGREEMENT DTD. 5/11/2011 ATTESTED BY THE PUBLIC NOTARY, JAMMU CITY. R3(D): COPY OF THE AFFIDAVIT DTD. 5/11/2011 EXECUTED BY THE 4TH RESPONDENT BEFORE THE PUBLIC NOTARY, JAMMU CITY. R3(E): COPY OF THE LETTER DTD. 3/12/2011 OF SHINUJA ARUN @ SHINUJA BASHEER. R3(F): ORIGINAL PHOTOGRAPH TAKEN IMMEDIATELY AFTER THE SOLEMNIZATION OF THE MARRIAGE BETWEEN SHINUJA ARUN @ SHINUJA BASHEER AND THE 4TH RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.552 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner is aggrieved by the fact that she is unable to have company of her daughter, Shinuja Basheer, aged 23 years. We issued notice to respondents 3 and 4. The third respondent filed counter affidavit. He is the father of the 4th respondent. The 4th respondent works in the Indian Army. Even in the writ petition his mobile telephone number is given. His father, the third respondent, through counter affidavit, states that the petitioner's daughter is, by now, married and living with the 4th respondent, who is in Jammu. With the materials produced along with the counter affidavit, including the certificates, affidavits, marriage photographs etc. we are of the view that there is no ground for us, now, to assume that there is any case of illegal detention. We are not persuaded to direct the production and appearance of the alleged detenue. We record the counter affidavit and further direct that respondents 3 and 4 will ensure that the marriage between the 4th respondent and the alleged detenue, though covered by Ext.R3 series documents, will also be registered under the provisions of WP(C).No.552/2011 2 the Special Marriage Act and such certificate shall be produced before the Registrar (General) of this Court within a period of three months from now. A copy of that will also be sent to the petitioner. The writ petition is ordered as above. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/20.12