IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(Crl.).No. 108 of 2008(S) --------------------------- PETITIONER: ------------ P.K.SULAIMAN, AGED 49 YEARS, S/O.LATE KHADER, PALACKAPARAMBIL HOUSE, SOUTH VAZHAKULAM, CHEMBARACKY, ALUVA. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, PATTIMATTOM POLICE STATION. 4. THE SUB INSPECTOR OF POLICE, THADIYITTAPARAMBU POLICE STATION, PERUMBAVOOR. 5. THE SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION. 6. SUJITH, S/O.THAMPI, PEPATHI, PIRAVOM P.O. R1 TO R5 BY GOVT.PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.108 OF 2008 -------------------------------- Dated this the 7th day of April, 2008 JUDGMENT Raman, J. Petitioner, father of the alleged detenue, complains that his daughter is kept under the illegal custody by the 6th respondent. Pursuant to the notice issued, the alleged detenue, the 6th respondent and his father appeared before us. We have interacted with the alleged detenue and she submitted before us that she is aged 21 years, that her date of birth is 28/8/1986 that she was undergoing Computer Tally Course at Ideal Institutes, Aluva where she fell in love with the 6th respondent and thereafter they decided to marry each other. She also stated that she is not under the illegal custody of the 6th respondent as alleged and she has gone along with the 6th respondent on her own accord and registered an agreement of marriage before the Sub Registrar's Office. But they could not solemnize their marriage under the Special Marriages Act, as there was threat from the petitioner's side. The exact person, who has threatened, is not known. The 6th respondent is aged 24 years. The father of the 6th respondent -2- WP(Crl).No.108/2008 submitted that he is prepared to accept the alleged detenue as his daughter-in-law and also agreed to perform the marriage as per custom and under the Special Marriages Act. It is submitted by the alleged detenue that she is living in the house of the 6th respondent as husband and wife. In such circumstances, we do not find that she is under the illegal custody as alleged in the writ petition. She is a free person. Writ Petition is closed. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.