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 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(Crl.).No. 188 of 2009(S) --------------------------- PETITIONER(S): --------------- BIJU V. S/O. VASUDEVAN, KETTUNGASSERIL THEKKETHIL, KOTTARAM NAGAR - 127, CUTCHERY P.O. KOTTAKKAKOMCHERRY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE KOLLAM WEST, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM. 3. SRI.JAMES, THURUTHU PURAYIDOM, KOTTAKKAKOM WARD, CUTCHERRY P.O. KOLLAM. 4. SMT.TREESA SHEELA, THURUTHU PURAYIDOM, KOTTAKKAKOM WARD, CUTCHERRY P.O. KOLLAM. 5. SRI.SHINE, S/O. LUCKOSE, THURUTHU PURAYIDOM, KOTTAKKAKOM WARD,CUTCHERRY P.O. KOLLAM. BY G.P. SRI. MOHAMMED ANZAR ADV. SRI.B.SURESH KUMAR FOR R3 TO R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 188 of 2009-S ------------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Basant,J. The petitioner has come to this Court with this writ petition for issue of a writ of habeas corpus alleging that Ms. Anu James, a girl aged above 18 years with whom he had entered into a contract of marriage, has been illegally detained by respondents 3 to 5 - her father, mother and a relative respectively. The alleged detenue Ms. Anu James is born admittedly on 14/10/90. It is the case of the petitioner that after coming to know of the alleged marriage between the petitioner and the said Anu James, she was taken away from the Police Station by her relatives i.e., respondents 3 to 5. According to the petitioner, the said Anu James was being illegally detained and kept in custody. W.P.(Cri) No. 188 of 2009-S -: 2 :- 2. This petition was admitted and notice was ordered to the respondents. On 22/5/09 the said Anu James was brought before court in the company of the 3rd respondent. We interacted in the Chambers with her. We also attempted to ascertain her wishes. The 3rd respondent - the father of the alleged detenue, submitted that she was too young and immature to take an informed decision, though in law a major. Her tender age may be taken into consideration. She may be given time to think, contemplate and come to a firm decision, submitted the 3rd respondent and his counsel. 3. After our interactions with the alleged detenue Ms. Anu James, we were persuaded to accept that request. We felt that she must be given a further time to make a proper response. We were satisfied that such a course shall cater to the ends of the justice. Subject to appropriate safeguards, Ms. Anu James were be permitted to return with her parents along with whom she came to court on 22/5/09. They were directed to appear before court again today. 4. Today, when the case was called in the morning in court, Ms. Anu James submitted that she has a relationship with the petitioner; but she now wants to complete her studies and thereafter think of getting married to the petitioner. W.P.(Cri) No. 188 of 2009-S -: 3 :- Apprehending that Ms. Anu James was under great mental strain and confusion, she was granted time to make her statement and later she was called to the Chambers. We interacted with her as also the petitioner herein and the 3rd respondent in the presence of their counsel. No harmonious settlement could be reached by the parties as there are major areas of disagreement between them. After giving sufficient time to Ms. Anu James, she was again called. The case case again called in court after 3.30 p.m. and her response was solicited. She stands by her assertion made earlier in the morning that she is not under any detention or confinement. She asserts that she wants to return with her father. She further submits that she wants to complete her studies. She states that after she completes her studies and is able to stand on her own legs, she will think of getting formally married to the petitioner herein. 5. Having ascertained all the relevant circumstances, we are persuaded to feel that though there was some relationship between the petitioner and the said Anu James, she is not illegally confined or detained by her parents, we respect her statement that she now wants to return along with her father – the 3rd respondent and complete her studies. We also accept her statement that the question of perpetuating the relationship W.P.(Cri) No. 188 of 2009-S -: 4 :- with the petitioner shall be considered after she completes her education and secures employment, if any. 6. We are satisfied, in these circumstances, that no specific directions need now be issued in this writ petition. This writ petition is accordingly dismissed. Ms. Anu James, true to her statement before court, is permitted to leave the court with her father – the 3rd respondent with whom she had come to court on 22/5/09 as also today. Sd/- R. BASANT (Judge) Sd/- M.C. Hari Rani (Judge) Nan/ //true copy// P.S. to Judge