IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(Crl.).No. 428 of 2008(S) --------------------------- PETITIONER: --------------- VIMALA, W/O.SANALKUMAR, AGED 41 YEARS, RESIDING AT NELLUVILA VEEDU, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD ADV. SRI.RAM MOHAN.G. ADV. SRI.MANU V. ADV. SRI.PUNCHAKARI G.RAVEENDRAN NAIR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF KERALA, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, VAZHUTHACAUD,THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE CIRCLE, PEROORKADA POLICE STATION COMPOUND, PEROORKADA,THIRUVANANTHAPURAM. 5. THE SUB-INSPECTOR OF POLICE, PEROORKADA POLICE STATION, PEROORKADA,THIRUVANANTHAPURAM. 6. BINU, S/O.VIJAYAN, AGED ABOUT 25 YEARS, RESIDING AT PANAYIL VEEDU,TEMPLE ROAD, PAROTTUKONAM, NALANCHIRA P.O.,THIRUVANANTHAPURAM. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 428 of 2008(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENTS DATED 12.11.2008 /TRUE COPY/ P.A. TO JUDGE. KURIAN JOSEPH & K.T. SANKARAN, JJ. ..................................................... W.P.(Crl.)No. 428 OF 2008 ...................................................... Dated this the 27th November, 2008 J U D G M E N T Kurian Joseph, J: The petitioner is present along with her daughter Preethi. The 6th respondent is also present. Preethi submits that she wants to pursue her studies . It is brought to our notice that she has been a bright student all through her studies and only recently she lagged in her studies. Now she wants to continue her studies in the 12th standard. It is submitted that she may be permitted to continue her studies staying with her mother. It is also submitted by her that she will take a mature decision about her future only after acquiring a degree either in Nursing or in Engineering and that she will not cause any trouble to her parents and that she will be an obedient child to them. 2. The 6th respondent submitts that he has married Preethi. We find that the document which is shown as proof of the said marriage is only an agreement for marriage executed in a stamp paper of Rs.50/- . That agreement does not constitute a valid marriage in the eye of law. By that agreement, the 6th respondent cannot claim the status as husband of the alleged detenue. Therefore, the 6th respondent shall not disturb the studies of Preethi and he shall not in any way interfere with her peaceful stay with her W.P.(Crl.)No. 428 OF 2008 2 parents. The Writ Petition (Crl.) is disposed of as above. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk