IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(Crl.).No. 433 of 2011(S) ------------------------------------ PETITIONER(S): ----------------------- SUJITH.P.K,.AGED 22 YEARS, S/O.PUSHPANGADHAN,KULATHUKAROTTE HOUSE, KOCHUKOIKKAL P.O, CHITTAR,SEETHATHODE, PATHANAMTHITTA DISTRICT,KERALA STATE. BY ADVS. SRI.V.SETHUNATH SRI.M.N.JAYAPRAKASH RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PIN 689 645. 2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA, PIN 689 645. 3. THAMPY,CHAITHRAM,AIKADU,KODUMON PO, ADOOR TALUK,PATHANAMTHITTA DISTRICT, PIN 691 523. R1 & R2 BY GOVT. PLEADER SRI.P.K.BABU R3 BY ADV. SRI.JOSE PALLATTUKARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(Crl.).No. 433 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: P1 : A TRUE COPY OF THE MARRIAGE CEREMONY CERTIFICATE CONDUCTED BY THE TEMPLE AUTHORITIES P2 : ORIGINAL PHOTOGRAPHS OF THE MARRIAGE CEREMONY CONDUCTED AS PER HUNDU RITES. P3 : A TRUE COPY OF THE REFERRAL CAUSALITY RECORD. P4 : A TRUE COPY OF THE FIR & FIS IN CRIME NO. 713/201 OF THE PATHANAMTHITTA POLICE STATION. RESPONDENTS' EXHIBITS : NIL //TRUE COPY/ P.A TO JUDGE STU R. BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 433 OF 2011 ============================ Dated this the 10th day of October 2011 JUDGMENT R.Basant, J. The petitioner, a young man aged 22 years, a student of the 3rd year B.Com degree course, has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife Anju Thampi, an adult major aged 19 years (date of birth 24/4/1992), a 2nd year B.Com degree student of the College where the petitioner is studying. According to the petitioner, the alleged detenue is being illegally detained and confined by the 3rd respondent. 2. The petitioner alleges that he is in love with Anju Thampi, the alleged detenue. Their marriage in accordance with Hindu customary rites has taken place on 17/9/2011 at Thottamankavu Bhagavathi Temple, Ranni. Ext.P1 is the certificate issued by the Secretary of the Devaswom. Ext.P2 series are photographs. According to the petitioner, this marriage was solemnised and registered in the anxiety of the WPCRL..433/2011 2 petitioner and the alleged detenue to ensure that they are not separated in life. The petitioner states categorically that he has no intention to take the alleged detenue with him now or to start co-habitation. According to him, the intention of the petitioner and the alleged detenue was to wait for sometime until the petitioner completes his education and secures an employment. Thereafter, they wanted to start co-habitation. But on coming to know of the marriage between the petitioner and the alleged detenue, the alleged detenue was being illegally detained by her father, the 3rd respondent. The petitioner was attacked by the 3rd respondent and his wife along with some others. The petitioner was hospitalised. He was not given opportunity of access to the alleged detenue. It is in these circumstances that the petitioner came to this Court with this petition on 23/9/2011. Notice was ordered and case was posted to this date. 3. Today when the case is called, the petitioner is present. He is represented by a counsel. The 3rd respondent and his wife are present. Along with them, the alleged detenue Anju Thampi has also come to court. 4. As the alleged detenue Anju Thampi comes to court along with her parents, who allegedly are illegally detaining and WPCRL..433/2011 3 confining her, we permitted Anju Thampi to be alone in the Chamber without opportunity for anyone to interact with her. She stated specifically that she does not want to interact with the petitioner. 5. After the lunch recess, we interacted with the alleged detenue Anju Thampi alone initially. Later, we interacted with her in the presence of her parents. Subsequently, we interacted with her in the presence of the petitioner also. Counsel for the petitioner, counsel for the 3rd respondent and the learned Government Pleader were present. 6. The alleged detenue Anju Thampi states before us categorically that she is not under any illegal detention or confinement. She stated before us that she wants to return from court along with the 3rd respondent. The 3rd respondent is unable to accept the relationship between the petitioner and the alleged detenue. It is submitted that the 3rd respondent wants to ensure that necessary legal steps are taken to avoid the alleged marriage evidenced by Ext.P1 certificate. The petitioner states before us that his anxiety is only to ensure that the alleged detenue is not kept under illegal detention and confinement. He is willing to wait till he completes his education and secures WPCRL..433/2011 4 an employment before he seeks to commence co-habitation with the alleged detenue, stated to be his wife. 7. There are submissions that Ext.P1 does not evidence a valid marriage. We do not think it necessary to go into that question in these proceedings. We are satisfied from the inputs available that the alleged detenue, an adult major woman, aged above 19 years is not under any illegal confinement or detention. We are satisfied, in these circumstances, that this petition only deserves to be dismissed. We may hasten to observe that we do not intend to express any opinion on the validity of the alleged marriage between the petitioner and the alleged detenue. 8. In the result, a)this petition is dismissed. b)The alleged detenue, Anju Thampi is permitted to leave the court along with the 3rd respondent and his wife – her parents as desired by her. Sd/- R.BASANT, JUDGE Sd/- ks. M.C. HARI RANI,JUDGE true copy P.S. TO JUDGE WPCRL..433/2011 5