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 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(Crl.).No. 92 of 2011(S) ----------------------------------- PETITIONER(S): --------------------- THAJUDHEEN, AGED 58 YEARS, S/O.MOHAMMED HANEEFA, NISHAD MANZIL, PONDKADAVU, VALIYAVELI P.O., TRIVANDRUM-21. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): ------------------------ 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-1. 2. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-5. 3. SUB INSPECTOR OF POLICE, THUMBA, THIRUVANANTHAPURAM-2. 4. AJU @ KUTTAN, S/O.SHEKARAN, POOVANKUZHI HOUSE, PONDKADAVU, VALIYAVELI P.O., THIRUVANANTHAPURAM-21. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.P.K.BABU. R4 BY ADV. SRI.A.RAJASIMHAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR.NO.92 OF 2011: EXT.P1.TRUE COPY OF FIR IN CRIME NO.62/2011 OF THUMBA POLICE STATION. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.92 of 2011-S ---------------------------------------------- Dated, this the 11th day of April, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks a writ of Habeas Corpus for production of his daughter Nishida. We have already passed orders dated 28.2.2011 and 4.3.2011. In the order dated 28.2.2011 we had taken note of the stand of the alleged detenu Nishida that she was in love with the 4th respondent and there is a marriage between her and the 4th respondent. We noted that the parties belong to two different religions and there is no marriage under the Special Marriage Act. We had directed the alleged detenu to reside in the Santhinikethan hostel. In the said order we had noted that it will be open to the parties to give notice under the Special Marriage Act. Later on, by order dated 4.3.2011 we had permitted the alleged detenu to proceed to stay at the Muslim Working Womens' Hostel, Panavila, Near Bakery Junction, Thiruvananthapuram. In the order dated 10.3.2011 we had noted the submission that notice for registering the marriage under the Special Marriage Act has been given and 30 days' period contemplated under the Act will expire on 8.4.2011, and, we had directed the matter to be listed to 11.4.2011 and accordingly the matter is listed to today. 2. Today, when the matter was came up, the learned counsel for the 4th respondent would submit that the period of 30 days is over and the marriage can be registered. Learned counsel for the WPCR 92/2011 -2- petitioner would submit that a petition has been filed by a stranger lady before the Marriage Officer. 3. Having heard the learned counsel, we pass the following order. A woman police constable not in uniform shall proceed to the Muslim Working Womens' Hostel, Panavila, Near Bakery Junction, Thiruvananthapuram where the alleged detenu is presently housed, on 12.4.2011. The woman police constable will enquire with alleged detenu whether she is interested in getting the marriage registered. If the alleged detenu says that she wants to get the marriage registered the woman police constable not in uniform will accompany the alleged detenu Nishida to the concerned Sub Registrar. The Sub Registrar will register the marriage unless on consideration of objection it is found that the marriage cannot be registered under the Act. If the marriage is registered, necessarily the alleged detenu will be free to go with the 4th respondent. Call on 19.4.2011 for production of marriage certificate. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS