IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(Crl.).No. 468 of 2008(S) -------------------------------------- PETITIONER: ------------------- SANDHYA @ THANKAMANI, W/O.JAYAKUMAR, T.C.13/694, PADMASREE, VADAYAKKADU, KUNNUKUZHI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR. RESPONDENTS: ------------------------ 1. RATHEESH CHANDRAN @ KARAKULAM UNNI, S/O.RAMACHANDRAN, SREE VALSAM, KEEZHE ENNASSERY, ARAMKALLU, KARAKULAM, THIRUVANANTHAPURAM. 2. VATHSALAKUMARI, S/O.RAMACHANDRAN, SREE VALSAM, KEEZHE ENNASSERY ARAMKALLU, KARAKKULAM, THIRUVANANTHAPURAM. 3. RAMACHANDRAN NAIR, SREE VALSAM, KEEZHE ENNASSERY, ARAMKALLU, KARAKULAM, THIRUVANANTHAPURAM. 4. CIRCLE INSPECTOR OF POLICE, NEDUMANGADU, THIRUVANANTHAPURAM. 5. SUB INSPECTOR OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM. R4 & R5 BY GOVT. PLEADER SMT. N. SUDHA DEVI, R2 & R3 BY ADV. SRI.K.B.PRADEEP. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL). NO.468/2008-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.5. EXT.P.2: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE TRIVANDRUM WOMEN'S CELL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN & T.R.RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl.).No.468 of 2008-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of December, 2008. JUDGMENT Thottathil B.Radhakrishnan, J.: 1.Following notice, the alleged detenue Keerthi has appeared. We spoke to her. Her parents are also present. Her parents-in-law, namely, respondents 2 and 3, are also present. 2.We are satisfied that Keerthi has taken the decision to continue to reside with her parents- in-law, while her husband is, as of now, working in Quatar; a foreign country. She has clearly expressed her disinterest to interact with her parents, as of now. She has told us the reasons WP(Crl)468/08 -: 2 :- for such decision. On grounds relatable to her privacy, we desist from recording them. We are satisfied that she is not under illegal confinement or detention, by her parents-in-law and that Keerthi is a free person. 3.We also record that Keerthi has mentioned that her parents are in possession of her school certificate which was obtained by them from the school, without her concurrence. If the parents have any such certificate with them, they shall make it available to the learned counsel appearing for Keerthi in this case within two weeks from now, to be given to her. Otherwise, Keerthi will be at liberty to bring up this matter for further orders. If her parents are not in possession of Keerthi's school certificate, they will inform her learned counsel accordingly within a period of two weeks and in such event, the concerned authorities will issue duplicate certificate to Keerthi in WP(Crl)468/08 -: 3 :- accordance with law. 4.Before parting, we would record that we are disturbed by a statement by Keerthi. She says that she is three months' pregnant, as of now. The marriage was on 26-5-2008. She says that her 18th birthday was on 20-12-2008. The parents of Keerthi appear to be educated and obviously, well informed. Her father-in-law is stated to be a police official, now on deputation to some other establishment. Marriage at young age is detrimental to health and affects society at large. Legislative measures were, therefore, brought to put restraint on such marriages. The Child Marriage Restraint Act, 1929, particularly Sections 4, 5 and 6, appear to stare at the facts of this case as disclosed by the statement of Keerthi. Taking note of different aspects, we leave it there. Subject to what is stated above, relief sought WP(Crl)468/08 -: 4 :- for in this writ petition is refused and the matter is ordered in terms of what is stated above. Sd/- THOTTATHIL B. RADHAKRISHNAN, Judge. Sd/- T.R.RAMACHANDRAN NAIR, Judge. -true copy- P.S.to Judge.