IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(Crl.).No. 290 of 2008(S) --------------------------- PETITIONER(S): --------------- HANEES, AGED 26, S/O. ABOOBACKER KUNJU, KONALATHU KIZHAKKETHIL HOUSE, ARIANAD SOUTH MURI, KULASEKHARAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.A.S.SABU SRI.SAIJO HASSAN SRI.RAJAN VELLOTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECERETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY. 3. NAZEEMA, W/O. SHAMSUDEEN KUNJU, SHAH COTTAGE, KEERIKKAD SOUTH MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK, (MUNICIPAL COUNCILOR, KAYAMKULAM MUNICIPALITY) 4. LALI @ SHAJI MON, JAMEELA COTTAGE, KEERIKKAD SOUTH MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK. ADV. SRI.K.HARILAL FOR R3 & 4 SRI.R.GOPAN FOR R3 & 4 GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO.290/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE MARRIAGE AGREEMENT DT. 13.8.2008. EXT.P2 : TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 16.8.2008. EXT.P3 : TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DT. 16.8.2008. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.290 of 2008 ---------------------------------------------- Dated 30th September, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayer :- “Issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body of Neethu, aged 22 years, Shah Cottage, Keerikkad South Muri, Keerikkad Village, Karthikappally Taluk, who is under the illegal custody of respondents 3 and 4 forthwith before this Honourable Court and release the detenu.” It is submitted by the petitioner that Neethu, who is aged 22 years, daughter of the third respondent is illegally detained by the third respondent, against her wish to live with the petitioner. It is alleged that the petitioner has married the said Neethu on 13.8.2008. Ext.P1 is the agreement in support of the contention regarding marriage. We find that it is only an agreement for marriage and on the strength of the same, the petitioner cannot claim that Neethu is his duly wedded wife. However, it is brought to our notice by the petitioner who is present before us, and it is not disputed by Neethu also that they have taken steps for contracting a marriage under the Special Marriage Act and the WP(Crl) No.290/08 2 period of 30 days has expired on 13.9.2008. Only because Neethu is not in a position to present herself before the Marriage Officer, the marriage could not be solemnized. 2. Pursuant to notice dated 20.8.2008 issued by this court, the detenue was produced before this court on 26.8.2008. It is seen that the court had interacted with the petitioner and the detenue. In order to enable the detenue to take an independent decision, this court directed her to stay in a hostel as per her desire. There was a further direction to the parties to be present before this court today. Neethu (detenue) is present along with her mother, mother's brother and other relatives. The petitioner is present along with his brother. We had the assistance of Adv.Sri.Mohammed Ansar, who had talked to both the parties. We have also talked to the parties during lunch recess. Neethu submits that she cannot any more part with the petitioner and she may be permitted to go with him for the purpose of marriage and thereafter, to live with him. We again gave her time to think about, and the matter was taken at the close of the court hours. There appears to be no change in her attitude. Neethu is firm in WP(Crl) No.290/08 3 her decision. Her mother and brother submitted before the court that if she has no change in her decision, they have nothing more to say, and that in any case, they will not cooperate with the marriage. 3. The detenue, Neethu is major, aged about 22 years. She is mature enough to take a decision in her life. Despite the time and opportunity given by this court with the assistance also of the mediator, there appears to be no change in her attitude. On the contrary, it is submitted that she may not be sent with her parents, since it will be highly detrimental to her, in view of the adamant stand of the parents and other relatives. In the above circumstances, we are constrained to permit the detenue to go with the petitioner and his elder brother, who shall avail the earliest opportunity to report before the Marriage Officer for solemnization of the marriage as per the notice given by them. The petitioner submits that he wants the detenue to continue and complete her studies, and that his parents also will look after her. The alleged detenue, Neethu, the daughter of the third respondent is permitted to go with the petitioner. We direct WP(Crl) No.290/08 4 the second respondent, the Sub Inspector of Police, Karunagappally to render necessary protection to the life of the petitioner, his family members and Smt.Neethu, and also render necessary assistance for the solemnization of the marriage between the petitioner and Neethu. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.290 of 2008 ---------------------------------------------- J U D G M E N T Dated 30th September, 2008.