IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(Crl.).No. 305 of 2008(S) --------------------------- PETITIONER: ---------- P.V. NOUSHAD, S/O. ABDUL KHADER, VELLARENGAL, CHERUKUNNU, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ------------- 1. V.M. ASHARAF, 'ASHNAAZ', CHIRAKKALKULAM, KANNUR - 3 2. SHAFI V.M. BROTHER OF V.M.ASHARAF, 'AZHNAAZ' CHIRAKKALKULAM, KANNUR - 3. 3. THE SUPERINTENDENT OF POLICE, KANNUR. ADV. SRI.K.A.JALEEL FOR R1 GOVT.PLEADER SRI.K.C.SANTHOSHKUMAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioner's Exhibits: Ext.P1: A true copy of the Nikah-nama marriage certificate issued from the Mosque. Ext.P2: A true copy of the relevant extract of the SSLC certificate of the wife of the petitioner. Ext.P3: True copy of the statement of detenu in Cr.No.194/2008 of Kannur City Police Station, the order dt.18-8-2008 of Judicial Magistrate of the First Class, Kannur and the copy of F.I.R.in Crl.No.194/2008 of Kannur City Police Station. Respondents' Exhibits: Nil. -true copy- P.S.to Judge. THOTTATHIL B. RADHAKRISHNAN & THOMAS P. JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl).No.305 of 2008-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2008. JUDGMENT Thottathil B. Radhakrishnan, J. 1.Following earlier orders, Sherin Farhana is present along with her parents. We also have the assistance of the learned Senior Advocate Smt.V.P.Seemanthini. 2.On hearing Sherin Farhana in Chambers, we are satisfied that she has expressed her free-will that she shall go with her parents and not with the petitioner. With the materials on record, we do not express anything on merits regarding the allegations levelled by either side. In terms of Ext.P3 proceedings before the learned Magistrate WP(Crl)305/2008 -: 2 :- of the First Class, Kannur, it was attempted to be pointed out by the petitioner that Sherin Farhana had then expressed her willingness to go with him. Even if we take that she had expressed such willingness at that point of time, when we heard Sherin Farhana on 9th September, 2008 and further on today, we have noticed that as of now, she appears to be wholly disinterested in going with the petitioner and she desires to go with her parents. 3.The petitioner Sri.P.V.Noushad has very fairly stated that Sherin Farhana's SSLC certificate, Plus Two certificate, an amount of Rs.300/- and a couple of garments may be in his house and that he would willingly return it, if she does not desire to be with him. This statement is recorded and the petitioner is directed to return such materials to Sherin Farhana through the counsel appearing for her in this case, within three weeks. WP(Crl)305/2008 -: 3 :- 4.With the aforesaid, we are satisfied that Sherin Farhana is not under illegal custody of her parents and that on her free-will she is, as of now, residing with them. Recording this, the writ petition is closed. We record our appreciation for the assistance rendered by the Senior Advocate Smt.V.P.Seemanthini as amicus curiae. THOTTATHIL B. RADHAKRISHNAN, JUDGE. THOMAS P. JOSEPH JUDGE. Sha/230908