IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 WP(Crl.).No. 151 of 2010(S) -------------------------------------- PETITIONER: ------------------- MUNEER, S/O.BASHEER, AGED 25 YEARS, MUMTHAS MANZIL, THAZHAVA VILLAGE, MANAPPALLI, KOLLAM. BY ADVS. SRI.K.S.MANU (PUNUKKONNOOR), SRI.P.SREEKUMAR RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, OCHIRA, KOLLAM. 2. BADARUDHEEN, PALAVILAYIL, P.C.KAVALA P.O., PAIPPADU, THIRUVALLA, PATHANAMTHITTA. 3. SAKEENATH, W/O.BADARUDHEEN, PALAVILAYIL, P.C.KAVALA P.O., PAIPPADU, THIRUVALLA, PATHANAMTHITTA. R1 BY GOVT. PLEADER, R2 & R3 BY ADVS. SRI.E.RAFEEK, SRI.GOKUL DAS V.V.H. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.151/2010-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT OF MARRIAGE DT. 16/04/10. EXT.P.2: COPY OF THE PASS CERTIFICATE. EXT.P.3: COPY OF THE F.I.R NO. 363 DT. 17/04/10. EXT.P.4: COPY OF THE COMPLAINT. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE MARRIAGE CONSENT LETTER DTD. 15/04/2010. EXT.R2B: COPY OF THE MARRIAGE CONSENT LETTER DTD. 10/04/2010. EXT.R2.C: COPY OF THE MARRIAGE REGISTER DTD. 25/04/2010. EXT.R2.D: COPY OF THE C.M.P. NO. 5612/2010 DTD. 23/04/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY. EXT.R2.E: COPY OF THE SWORN STATEMENT OF SHIHANA BEFORE J.F.C.M., KARUNAGAPPALLY. EXT.R2.F: COPY OF THE F.I.R. IN CRIME NO. 187/2010 BEFORE THE VALLIKUNNAM POLICE STATION. EXT.R2.G: COPY OF THE MARRIAGE CERTIFICATE DTD. 26/04/2010. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ W.P(Crl) NO: 151 OF 2010 ----------------------------------------------------------------------------------- Dated this the 30th April, 2010. JUDGMENT SURENDRA MOHAN, J. The petitioner has filed this writ petition alleging that he had got married to Ms.Shihana, daughter of respondents 2 and 3, against their objections. But that she was forcefully taken from his house by her parents on 17/4/2010. He complains of inaction on the part of the first respondent in tracing out his wife. 2. According to the petitioner, he is a graduate working in Bajaj Alliance Ltd at Kilimannoor. He had been in love with Ms. Shihana for more than one year. They decided to get married and to live together and therefore, informed their parents of their intention. However, they objected to the alliance. Ms.Shihana informed the petitioner that respondents 2 and 3 were compelling her to get married to another person and that they were making preparations for conducting the marriage. On 16/4/2010, she left her house, came with the petitioner and they entered into an agreement of marriage on the same day. It is the case of the petitioner that they were thereafter living as husband and wife in WP(Crl.)151/2010 2 his house. However, on 17/4/2010 respondents 2 and 3 along with their henchmen forcefully took away Ms.Shihana from his house after threatening and manhandling him and his relatives. He alleges that Ms.Shihana is under the illegal detention of respondents 2 and 3, that though he had complained to the first respondent, he has not taken any action in the matter. He has also alleged that the life of Ms. Shihana is in danger. 3. The writ petition was admitted on 27/4/2010 and notice was issued through special messenger. Respondents 2 and 3 entered appearance on receipt of notice and submitted that Ms.Shihana had got married to one Muhammed Sadique on 25/4/2010 and that she was not in any unlawful custody. Respondents 2 and 3 were directed to file their counter affidavit and Ms.Shihana was directed to be present in person in the Court on 30/4/2010. Accordingly, a counter affidavit has been filed on behalf of respondents 2 and 3 denying the allegations made by the petitioner. They have produced Ext.R2(a) certificate to show that Ms.Shihana had got married to one Muhammed Sadique. Exts.R2(b) and R2(c) are also documents that evidence the marriage of Ms.Shihana. Ms.Shihana has also submitted Ext.R2(d) petition before the Judicial First Class Magistrate's Court, Karunagappally WP(Crl.)151/2010 3 complaining against the acts of the petitioner and others in forcefully taking her away from her college and detaining her certificates. Copies of the statement given by Ms.Shihana in court as well as other records of the crime are also produced. Relying on the above documents, the counsel for respondents 2 and 3 has submitted that Ms.Shihana was not under any illegal detention and that the allegations in the writ petition are all false and baseless. 4. On 30/4/2010 Ms.Shihana was present in Court. On being questioned by the Court, she stated that she had got married to one Muhammed Sadique on 25/4/2010, of her own free will and volition. Thereafter, she has been living with her husband. According to her she was tricked by the petitioner into going with him. She further stated that she was not under the illegal detention of anyone. On being questioned as to whether she wanted to go with the petitioner or with respondents 2 and 3, she very categorically replied that she wanted to go with her parents. Ms.Shihana is a person who has attained majority. She has stated in Court in very clear terms that she does not want to go with the petitioner and that she wants to go with her parents, respondents 2 and 3. In the above circumstances, the petitioner is not entitled to any of the reliefs claimed in this writ petition. The writ petition fails WP(Crl.)151/2010 4 and is accordingly dismissed. No costs. P.N.RAVINDRAN Judge K. SURENDRA MOHAN Judge jj PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: