IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(Crl.).No. 300 of 2010(S) --------------------------- PETITIONER: --------------- SALAHUDEE, J.S.VILLA, CHANDAVILA, UDIYARAMOOLA, AIROOPPARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, KAZHAKUTTAM CIRCLE,THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION,THIRUVANANTHAPURAM. 3. KICHU S/O WILSON AGED 18 YEARS, AROMA, PUTHUKURUCHI, KADINAMKULAM, THIRUVANANTHAPURAM-695303. 4. WILSON, AROMA, PUTHUKURUCHI, KADINAMKULAM, THIRUVANANTHAPURAM.-695303. SR.GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.300 of 2010 ***************************** Dated this the 29th day of September, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by this Court resting with the orders dated 27.07.2010 and 18.08.2010. The alleged detenue is a young girl, aged 17 years, Amina by name (date of birth - 05.12.1992). She was allegedly found to be missing and the petitioner, her father, alleged that the 3rd respondent, a young boy, aged 18 years, in collusion with his father - the 4th respondent, is detaining and confining her illegally. 2. The petitioner, the alleged detenue and respondents 3 and 4 appeared before Court on 27.07.2010. As agreed by all concerned, certain directions were issued on that day. 3. From that date, the alleged detenue is continuing to reside along with her parents. There is a dispute between the alleged detenue and her parents about her precise date of birth. She asserts that she was born on 05.12.1991; whereas her parents assert that her date of birth is 05.12.1992. The S.S.L.C book relating to the alleged detenue shows her date of birth as W.P(Crl) No.300 of 2010 2 05.12.1992 admittedly. Even though time has been granted to both sides to produce the birth certificate, the birth certificate has not been produced so far. The 3rd respondent has not attained the age of 21 years so far admittedly and, in these circumstances, there cannot be a legal marriage between the alleged detenue and the 3rd respondent. The alleged detenue has accepted the undertaking of her parents that she shall not be given away in marriage till she attains the age of 18 years to anyone and that even thereafter she will not be given away in marriage to anyone without her consent. Both parents of the alleged detenue have filed an affidavit dated 06.08.2010 to that effect before this Court. The 3rd and 4th respondents have not been appearing before this Court after 27.07.2010. We are satisfied, in these circumstances, that it is not necessary to wait any longer to ascertain the correct date of birth of the alleged detenue. The alleged detenue states before us that she is happy now to reside with her parents. We make it clear that both the parents of the alleged detenue have agreed and accepted that the alleged detenue shall not be given away in marriage till she attains the age of majority, ie. 18 years on 05.12.2010 as per the date of birth in the S.S.L.C book and that even thereafter, she W.P(Crl) No.300 of 2010 3 shall not be given away in marriage to anyone without her consent. 4. In the result: a) This Writ Petition is allowed; b) The alleged detenue Amina is permitted to leave the Court along with the petitioner and his wife, her parents, as desired by her. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/