IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER AND THE HONOURABLE MR. JUSTICE C.T. RAVIKUMAR WEDNESDAY, THE 11TH FEBRUARY, 2009/22ND MAGHA, 1930 WP(Crl.).No. 46 of 2009(S) -------------------------- PETITIONER(S): --------------- RIYARS AHAMMED, S/O. HAJI K. MOHAMMED, AGED 24 YEARS, MANGALPADY, UPPALA, KASARGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. M.MOHAMMED ISMAYIL, RAHMATH MANZIL, NAPOKLU P.O., GOORG, KARNATAKA STATE. 2. HASHIM, RAHMATH MANZIL, NAPOKLU P.O., COORG, KARNATAKA STATE. 3. RAZAK, RAHMATH MANZIL, NAPOKLU P.O., COORG, KARNATAKA STATE. 4. THE SUB INSPECTOR OF POLICE, MANJESHWAR, 5. THE SUB INSPECTOR OF POLICE, MADIKKERI, KARNATAKA STATE. 6. THE SUPERINTENDNET OF POLICE, MERCARA , COORG, KARNATAKA STATE. BY PUBLIC PROSECUTOR SRI. JAI GEORGE -R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the certificate of marriage dated 14.09.2007 issued by the Sub Registrar, Manjeshwar certifying the marriage between the petitioner and the 'detenu' RESPONDENTS' EXHIBITS: NIL A.K. BASHEER & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(Crl.) No.46 OF 2009 --------------------------------------------------------- Dated this the 11th day of February, 2009 JUDGMENT Basheer, J. The petitioner claims that he had married Ms. Irfana, the daughter of respondent No.1, under the Special Marriage Act, 1954 at the office of the Sub Registrar, Manjeshwar on September 14, 2007. Ext.P1 is stated to be the certificate of marriage issued by the Sub Registrar. This Writ Petition has been filed alleging that respondents 1 to 3 have been keeping Ms. Irfana under illegal detention without allowing her to join the company of the petitioner. He, therefore, seeks issuance of a Writ of Habeas Corpus. 2. Ms. Irfana has appeared before us along with her parents. She stated before us that she is not under confinement or illegal detention of anybody, leave alone her father. She further asserted before us that she intends to go with her parents now. She also stated that her father has agreed to give her in marriage to the petitioner after about six months or so, after completion of the construction of a new residential building in Coorg in the State of Karnataka. She says that she has no reason to disbelieve her father and , therefore, is prepared to go with her parents so that she can pursue her Air hostess course in Bangalore and complete the W.P.(Crl.)NO.46/2009 2 same. 3. Respondent No. 1 stated before us that his first and foremost priority is to ensure that his daughter completes her Air hostess course. Construction of the residential building is also in progress. He stated before us that as of now, he has no objection in giving his daughter in marriage to the petitioner after she completes her course. 4. We have interacted with the petitioner also. He stated before us that he is prepared to take Ms. Irfana if she intends to go with him. Since, Ms Irfana desires to go with her parents, the above prayer made by the petitioner cannot be granted. Admittedly, Ms. Irfana is aged 21 and she appears to be capable of taking her own decision. In the above facts and circumstances, the petitioner cannot be granted any relief in this Writ Petition. It is closed recording the statements given by the parties. (A.K. BASHEER) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(Crl.)NO.46/2009 3 A.K. BASHEER & C.T. RAVIKUMAR, JJ. W.P.(Crl.) No.46/2009 JUDGMENT 11th February, 2009 W.P.(Crl.)NO.46/2009 4