IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(Crl.).No. 5 of 2011(S) ------------------------------------------ PETITIONER(S): --------------------- ANOOP G.S., AGED 27 S/O.C.S.K NAIR, GRIJA NIVAS, CHEMMANNUVILA, PANACHIMOODU,VELLARADA PO, VALLARADA VILLAGE NEYYATTINKARA. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): ------------------------ 1. SEBASTIAN MICHAEL ,AGED 59 YEARS S/O.MICHAEL,VELLOKUNNEL HOUSE, VELLARADA PO, NEYYATTINKARA 695 121. 2. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, KOWDIAR, THIRUVANANTHAPURAM 695 003. 3. C.I.OF POLICE VELLARADA, NEYYATTINKARA 695 121. 4. S.I.OF POLICE, VELLARADA, NEYYATTINKARA, NEYYATTINKARA 695 121. ADV. SRI.C.J.JOY FOR R1 SRI.V.J.JAMES FOR R1 R2 TO R4 BY GOVERNMENT PLEADER SHRI KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.5 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 30.6.2007 ISSUED UNDER SECTION 13 OF THE SPECIAL MARRIAGE ACT. EXT.P2 TRUE COPY OF THE ORDER DATED 17.8.2007 IN W.P.(CRL).NO.164 OF 2007. EXT.P3 TRUE COPY OF THE PETITION DATED 21.12.2007 IN O.P.NO.1408 OF 2007. EXT.P4 TRUE COPY OF THE ORDER DATED 30.6.2008 IN O.P.NO.318/2008. EXT.P5 TRUE COPY OF THE DEED OF MARRIAGE EXECUTED BETWEEN THE PETITIONER AND THE DETENU DATED 13.12.2010. EXT.P6 SERIES: TRUE COPIES OF THE PHOTOGRAPHS. EXT.P7 TRUE COPY OF THE LETTER TO THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //True Copy// PS to Judge K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO.5 OF 2011 S ------------------------------------------ Dated this the 10th January, 2011. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a writ of Habeas Corpus commanding the respondents to produce the corpus of the detenu Mariya Sebastian before this Court and set her at liberty. 2. Briefly put, the case of the petitioner is as follows: Petitioner is in love with the daughter of the first respondent, namely Mariya Sebastian, aged 22. There is reference to there being marriage following a love affair vide Ext.P1 Marriage Certificate issued under Section 13 of the Special Marriage Act. It is further stated that the alleged detenu and the petitioner started living as husband and wife. A Habeas Corpus Petition was moved WP(CRL).NO.5 OF 2011 S 2 by the first respondent before this Court and Ext.P2 is the order passed therein. It is stated therein that she being a major and she wanted to continue with her parents, she was set free and the matter was closed. It is his case that she was mentally and physically tortured by the first respondent and she was compelled to file a petition for declaration of the marriage with the petitioner as null and void vide Ext.P3. Thereafter, there is reference to a joint petition for divorce being filed as O.P.No.318/2008 which was allowed, even exempting the statutory period of six months vide Ext.P4, which is stated to be illegal. It is further stated that there was regular communication and they decided to get married and live as husband and wife and a Deed of Marriage as Ext.P5 was executed on 13.12.2010 by a Notary Public. It is stated that a formal marriage ceremony was conducted in the parental home of the petitioner and Ext.P6 series of photographs were taken at the parental home of the petitioner. The first respondent lodged a WP(CRL).NO.5 OF 2011 S 3 complaint and the petitioner and the alleged detenu were summoned and she was sent away with the first respondent on a written undertaking that the alleged detenu will be produced before the Court. Ext.P7 is a letter produced to show that the alleged detenu has written in her own handwriting that she is the wife of the petitioner and she should be allowed to live with the petitioner. It is alleged that the alleged detenu is in the illegal detention of the first respondent against her will and wish. 3. We interacted with the alleged detenu and also the mother of the alleged detenu. Besides, we also interacted with the petitioner. We also heard the learned counsel for the petitioner, the learned counsel appearing for the first respondent and also the learned Government Pleader. 4. We notice that the alleged detenu is a major aged 22 years. The alleged detenu would say that she is not under any illegal detention of the first respondent, her father. She would also submit that she is desirous of re-marrying the petitioner and in the WP(CRL).NO.5 OF 2011 S 4 meantime, she will reside with her friends at Ernakulam. We record the said submission and close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge