IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(Crl.).No. 80 of 2009(S) -------------------------- PETITIONER: --------------- AKBARSHA,S/O.ALMANSOOR, KERALEESWARAM, SHARKARE VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVAVANTHAPURAM. BY ADV. SRI.P.K.MUHAMMED SRI.M.ABDUL RASHEED RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, SECRETRIAT,THIRUVAVANTHAPURAM. 2. SUB INSPECTOR OF POLICE, POLICE STATION, CHIRAYINKEEZHU,THIRUVAVANTHAPURAM. 3. JAYARANI, W/O.ANILKUMAR, VISWA BHAVAN, MISSION KUNNU, NILAMEL, KOLLAM,NOW RESIDING AT FLAT NO.230, THILAK NAGAR, PARUTHIPPALLI LANE, NALANCHIRA,THIRUVAVANTHAPURAM. 4. C.VIJAYAN, FLAT NO.230, THILAK NAGAR, PARUTHIPPALLI LANE, NALANCHIRA,THIRUVAVANTHAPURAM. P.P.SRI. JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE MARRIAGE OFFICER, MURUKUMPUZHA. EXT.P2 COPY OF THE COMPLAINT DTD 15.2.2009 SUBMITTED BY THE PETITIONER TO R2. /TRUE COPY/ Cl A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.80 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2009 JUDGMENT Basheer, J: On March 4, 2009, when this writ petition came up for consideration, Ms. Arunima, the alleged detenu, had appeared before this court along with her parents. She stated before us that she would go with her parents for the time being. 2. Having interacted with the parties, we took the view that Ms. Arunima had to be given some time to contemplate and take a decision about her future. 3. It is not in dispute that the petitioner and Ms. Arunima had got married under the Special Marriage Act. But Ms. Arunima, who is aged 21 years, is still studying in the final year degree course in a college at Trivandrum. 4. We have spoken to the parents of Ms. Arunima. We have also interacted with the petitioner and Ms. Arunima. She states that she is prepared to go with her parents now. But she insists that she wants to live with the petitioner. She asserted that she is not under illegal detention or any kind of confinement as alleged. 5. In that view of the matter, we close the writ petition recording the submission made by Ms. Arunima, the alleged detenu. She is free to take a decision in the matter. 2 W.P.(Crl)80/09 The order dated March 4, 2009 shall form part of this judgment. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 3 W.P.(Crl)80/09