IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(Crl.).No. 466 of 2009(S) --------------------------- PETITIONER(S): --------------- MANIKUTTAN.C., AGED 24 YEARS, SHANTHI HOUSE, MARTHANDAMKARA P.O., MARTHANDAMKARA, EAROOR, KOLLAM DISTRICT. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KODAKARA, THRISSUR DISTRICT. 2. ASHOK KUMAR K.V., KIZHAKKOODAN HOUSE, NELLAYI P.O., THRISSUR DISTRICT. 3. PUSHPARAJ, -DO- . BY G.P. SRI. SMITHA SUKUMARAN. ADV. SRI.BABU S. NAIR FOR R2,3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 466 of 2009-S ------------------------------------------------- Dated this the 3rd day of December, 2009 JUDGMENT Basant,J. This judgment must be read in continuation of the earlier orders passed by us in this writ petition resting with the order dated 19/11/09. As per the order dated 19/11/09, the alleged detenue Ms. Midhu was sent along with her parents with permission to them to take her for psychological consultation, if necessary, as also to advise and counsel her. This opportunity was granted as the parents of the alleged detenue felt that she is taking an immature decision on account of psychological deficit and they must be given further time to advise and counsel her. 2. Today, when the case is called, the petitioner is present along with his parents and uncle. The alleged detenue has come to Court along with her parents. The 3rd respondent W.P.(Cri) No. 466 of 2009 -: 2 :- - paternal uncle of the alleged detenue and Roshi - the maternal uncle of the alleged detenue, are also present. They are represented by their counsel also. 3. We have interacted with the alleged detenue alone in the Chamber initially. Thereafter, we interacted with the alleged detenue in the presence of her parents and relatives. Later, we interacted with the alleged detenue in the presence of the petitioner, his parents and relatives. The learned counsel for both sides as also the learned Government Pleader are also present. 4. We are satisfied that the alleged detenue wants to leave with the petitioner herein. Though she does not want to raise any complaint that she had been illegally detained by her parents, it is very evident that she is under restraint and constraint and does not want to continue residence along with her parents. Both the alleged detenue and the petitioner assert that they have already got married in accordance with the Hindu religious customary rites and ceremonies; but no certificate to prove the marriage has been produced. The petitioner and his parents as also the alleged detenue agree that if the case is posted to a later date, they shall ensure that they formally get their marriage solemnized/registered in accordance with law and W.P.(Cri) No. 466 of 2009 -: 3 :- shall produce the marriage certificate before this Court. The parents of the alleged detenue and their relatives pray for further opportunity for them to counsel and advise the alleged detenue. The alleged detenue is unwilling to go with them. The petitioner and his parents submit that sufficient time has already been granted and this agony may not be further prolonged. 5. Having considered all the relevant aspects, we are satisfied that the decision of the alleged detenue, who has already been crossed the age of 20 years, she having born on 10/8/89 admittedly, can be respected and she can be permitted to go in accordance with her wishes along with the petitioner herein. We accept the request of the respondents - parents and relatives of the alleged detenue, that it may be insisted that in the interests of the alleged detenue, the alleged detenue and the petitioner should enter into the formal relationship of marriage and report that fact to this Court. That request is accepted. Appropriate directions shall be issued. 6. This writ petition is, in these circumstances, allowed in part. The alleged detenue, who is present in court, is permitted to leave the Court in accordance with her wishes. As desired by her, she is permitted to leave along with the petitioner herein W.P.(Cri) No. 466 of 2009 -: 4 :- and his parents. Their submission is recorded that they shall produce the marriage certificate of the petitioner and the alleged detenue on the next date of posting. 7. Call on 14/12/2009 for appearance of the petitioner and the alleged detenue to produce the marriage certificate. A copy of the marriage certificate shall also be produced and the same shall be handed over to the learned counsel for the parents of the alleged detenue. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge