IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 WP(Crl.).No. 143 of 2008(S) ----------------------------------- PETITIONER: ------------------- B.RAMACHANDRAN PILLAI, AGED 51 YEARS, S/O.BALAKRISHNA PILLAI, MEENATHEL KIZHAKKETHIL HOUSE, KANNANAKUZHI, VALLIKUNNAM, KANNADI P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.GOPINATHA MENON RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. 2. THE S.I. OF POLICE, VALLIKUNNAM. 3. MICHAEL MORAIS, S/O.PETER MORAIS, EERAPPURAM, SAKTHIKULANGARA, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW FOR R3 BY GOVERNMENT PLEADER SMT.SUDHA DEVI. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/05/2008, ALONG WITH WPC. NO.13404/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL) NO.143/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S DAUGHTER ALONG HER FIANCE ON THE DAY OF THE ENGAGEMENT. EXT.P2:- COPY OF THE PRINTOUT FROM THE SITE OF THE 3RD RESPONDENT WITH ''ORKUT''. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE LETTER DT. 4.5.08 ISSUED BY THE ADMINISTRATION MANAGER, TAS MARINE SERVICES L.L.C., SHARJAH, UAE. EXT.R3(n):- COPY OF THE AGREEMENT EXECUTED BETWEEN THE 3RD RESPONDENT AND THE EMPLOYER OF THE 3RD RESPONDENT , DT. 16.1.2008. EXT.R39c):- COPY OF THE PAYMENT VOUCHER DT. 29.2.08 ISSUED BY TASS MARINE SERVICES, SHARJAH. EXT.R3(d):- COPY OF THE PAYMENT VOUCHER DT. 31.12.07 ISSUED BY TASS MARINE SERVICES, SHARJAH. /TRUE COPY/ P.A. TO JUDGE tss K.T. SANKARAN AND P.N.RAVINDRAN, JJ. ```````````````````````````````````````````````````` W.P.(Crl) No.143/2008 and W.P.(C) No.13404/2008 ```````````````````````````````````````````````````` Dated this the 13th day of May, 2008 J U D G M E N T K.T.Sankaran, J. In W.P.(Crl) No.143 of 2008, the petitioner prays for the issue of a writ of Habeas Corpus commanding respondents 1 and 2 to cause the production of the petitioner's daughter Deepa Chandran and to release her to the custody of the petitioner. Deepa Chandran is a final year B.Sc. student at the Bishop Moore College, Mavelikkara. It was decided to solemnise the marriage of Deepa Chandran on 15.5.08. The engagement was on 27.5.07. 2. It is stated that somewhere in the month of March 2008, Deepa Chandran got introduced to the 3rd respondent Michael Morais on the networking site, namely, 'Orkut'. It is alleged that Deepa Chandran was taken by the 3rd respondent on 9.4.08 when she went to the college. 3. The 3rd respondent filed WP(C) No.13404/08 for WPCR.143/08 & WPC.13404/08 : 2 : the issue of a writ of Mandamus against respondents 3 and 4 therein, the Circle Inspector of Police and the Sub Inspector of Police, not to harass him and his relatives. The 5th respondent in WP(C) No.13404/08 is the petitioner in W.P. (Crl) No.143/08. 4. Deepa Chandran and Michael Morais appeared before this Court on 2.5.08. This Court passed a detailed interim order and Deepa Chandran was directed to stay in a hostel. Parties were directed to appear on 13.5.08. 5. Today, Deepa Chandran and Michael Morais appeared before us. Deepa Chandran stated that though herself and Michael Morais had filed an application before the Registrar under the Special Marriage Act, she does not want to prosecute the same. She stated that she wants to stay with her parents and that she does not want any relationship with Michael Morais. From the statement made by Deepa Chandran, it is clear to us that her decision to go with her parents is taken by free will and volition. WPCR.143/08 & WPC.13404/08 : 3 : 6. There is no legal marriage between Deepa Chandran and Michael Morais. Michael Morais has no legal right to claim that Deepa Chandran should accompany him. Deepa Chandran is free to stay with her parents if she so wishes. She having expressed her wish to stay with her parents, nothing survives for consideration in W.P.(Crl) No.143/08. We record the statement made by Deepa Chandran. 7. It is stated by Deepa Chandran that her passport, mobile phone, college records and other movables are with Michael Morais. Michael Morais stated that he is in possession of the passport and mobile phone and he is prepared to return the same to Deepa Chandran. In view of the peculiar facts of the case and in order to avoid any further dispute in the matter, we direct Michael Morais to return to Deepa Chandran her passport and mobile phone and all other movables belonging to her which are in the possession of Michael Morais. The aforesaid items will be returned to the WPCR.143/08 & WPC.13404/08 : 4 : learned counsel appearing for Deepa Chandran within three days from today. 8. The learned Government Pleader submitted that necessary police protection will be given to Deepa Chandran and her parents to return their residence. 9. In view of the disposal of W.P.(Crl) No.143/08 in the manner indicated above, we are of the view that the writ petition filed by Michael Morais, W.P.(C) No.13404/08, has become infructuous and the said writ petition is dismissed as infructuous. (K.T.SANKARAN, JUDGE) (P.N.RAVINDRAN, JUDGE) aks