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 15TH JULY 2010 / 24TH ASHADHA 1932 WP(Crl.).No. 264 of 2010(S) --------------------------- PETITIONER: --------------- MANUMOHANAN C.S., AGED 25 YEARS, S/O.E.B.SATHYANANDAN, RESIDING AT ABHAYAM, 47/411, KOLATHERI ROAD, POONITHURA.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.T.MADHU SRI.P.R.SHIBU RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL OF POLICE (LAW AND ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, KALADI POLICE STATION, ERNAKULAM DISTRICT. 4. SANKARAN NAMBOODIRI, KALATHIL ILLAM, MANIKAMANGALAM, KALADI, ERNAKULAM DISTRICT, PIN-683 574. 5. SREERAJ NAMBOODIRI, KALATHIL ILLAM, MANIKAMANGALAM, KALADI, ERNAKULAM DISTRICT, PIN-683 574. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.P.P.JACOB FOR R4 & R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.264 of 2010 ********************* Dated this the 15th day of July, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier order dated 08.07.2010. 2. Today when the case is called, the petitioner is present. He is represented by his counsel. Along with him his father and sister have come to Court. Respondent No.4 and his wife are present. The alleged detenue is brought to Court from Santhiniketan hostel, where she is accommodated from 08.07.2010. 3. We interacted with the alleged detenue again today. The alleged detenue is firm in her stand that she wants to marry the petitioner and wants to go with him. It is brought to our notice that all arrangements for the marriage have been made and the marriage between the petitioner and the alleged detenue will be solemnised tomorrow, ie. 16.07.2010. The marriage is arranged by the petitioner and his relatives. According to them, there is a compulsion to get the marriage solemnised on the 16th W.P(Crl.) No.264 of 2010 2 day of July, 2010 as the month of Karkkidakam starts on 17.07.2010 and it may be inauspicious to perform the marriage after the commencement of the said month. We are further informed that a marriage reception is also arranged by the petitioner and his relatives to be conducted on 18.07.2010. In these circumstances, the petitioner and the alleged detenue pray that they may be permitted to go together from the Court along with the father of the petitioner. The father of the petitioner submits that he and his relatives all agree and accept that the alleged detenue can get married to the petitioner. Both are Hindus and the marriage shall be solemnised in accordance with the Hindu religious rites, it is submitted. 4. The 4th respondent and his wife are unable to accept the relationship now. The 4th respondent had made an offer that the marriage may be postponed until the alleged detenue completes her educational course. Thereafter the alleged detenue can pursue whatever course she thinks is best for her, submitted the 4th respondent and his wife. The alleged detenue and the petitioner are not agreeable to that suggestion. 5. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged W.P(Crl.) No.264 of 2010 3 detenue is under any illegal confinement or detention. The alleged detenue in this case has come to Court initially along with her parents. She does not make any complaints against her parents. But she states that she wants to leave this Court along with the petitioner, her lover, with whom she proposes to get married tomorrow (16.07.2010). She is aged above 24 years (date of birth - 17.04.1986). She is a qualified Engineer. She is educated and she is continuing her M.Tech. course in Haryana. We accept her decisional autonomy. A harmonious settlement between the parties was attempted, but the same was found to be not possible. 6. In the result: a) This Writ Petition is allowed; b) The alleged detenue Gayathri, daughter of the 4th respondent, who had come to Court initially along with the 4th respondent, is permitted to leave the Court along with the petitioner and his father as desired by her. 7. The petitioner and the alleged detenue submit before us that certificate of marriage to confirm that they have got their mariage solemnised in accordance with law shall be produced W.P(Crl.) No.264 of 2010 4 before this Court on the next date of posting. A copy thereof shall be produced to be furnished to the 4th respondent. 8. Call this petition again on 26.07.2010 to report solemnisation of marriage and to produce marriage certificate. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/