IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(Crl.).No. 387 of 2009(S) --------------------------- PETITIONER: --------------- MUHAMMED FAIZAL, S/O. HAMZA, AGED 26 YEARS, KEERIYADAN HOUSE, MORAYOOR, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DIST. 3. SAIDALAVI, S/O. ASSAINAR, VALLANCHIRA HOUSE, PUTHUKKUDI PARAMBA, MANJERI, MALAPPURAM DIST. 4. SUHARABI, W/O. SAIDALAVI, VALLANCHIRA HOUSE, PUTHUKKUDI PARAMBA, MANJERI, MALAPPURAM DIST. BY GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR FOR R1 & R2 ADV. SRI.K.M.SATHYANATHA MENON FOR R3 & R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT on the SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.387 OF 2009 ----------------------------------------------------- DATED THIS THE 9th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Sajna, aged 23 years, who he apprehends was illegally detained and confined by respondents 3 and 4-her parents. 2. According to the petitioner, he is aged 26 years. He claims to be educated - he having studied upto the 10th standard. He is now employed in Riyad in Saudi Arabia. He and the alleged detenue are in love. They want to get married. Though respondents 3 and 4 were earlier approached by the relatives of the petitioner, they did not agree to give the alleged detenue in marriage to the petitioner. The alleged detenue was being illegally detained and confined by respondents 3 and 4. The petitioner and the alleged detenue had given notice under the Special Marriage Act on 16.9.2009, to get married, before the Marriage Officer, Mongam. After coming to know of such notice given by the petitioner and the alleged detenue to get married W.P.(Crl.)No.387/09 -2- under the Special Marriage Act, the alleged detenue was being illegally confined and detained by respondents 3 and 4, without giving her an opportunity to go out of the house or to interact with the petitioner. It is in these circumstances that this petition was filed by the petitioner on 22.9.2009. 3. This case came up for hearing on various dates from 23.9.2009. It was admitted on 5.10.2009. Notice was ordered to the respondents. 4. Today when the case is called, petitioner along with his father and mother are present. His counsel is also present. Respondents 3 and 4 have appeared before Court along with the alleged detenue. They are represented by a counsel. 5. We interacted with the alleged detenue Ms.Sajna in open Court. She claims to be aged 23 years, she having been born on 10.9.1986. As she comes from the custody of respondents 3 and 4, we thought it fit to give her opportunity to be left alone so that she could independently reflect and contemplate and give us her response. But, the alleged detenue requested the Court for permission to speak to the petitioner and his parents. Accordingly, she was granted permission to interact with the petitioner and his parents. W.P.(Crl.)No.387/09 -3- 6. At 1.45 pm, after lunch recess, we interacted with the alleged detenue, the petitioner and his parents, as also respondents 3 and 4 in the Chamber. Their counsel as also the learned Government Pleader were present. We interacted with them separately initially and jointly later. 7. The alleged detenue Ms.Sajna submits that she wants to go along with the petitioner herein. She does not want the Court to initiate any action against respondents 3 and 4; but submits that she has not been going to her place of employment after notice was given under the Special Marriage Act on 16.9.2009. She submits that she wants to go along with the petitioner. She is afraid that her mother, the 4th respondent might implement her threat to commit suicide if she were to go along with the petitioner. 8. We made efforts to explore the possibility of settlement. But at the end of the day, we are satisfied that the parties are unable to come to any settlement. The petitioner and his parents submit that they have no objection in the alleged detenue continuing to reside with respondents 3 and 4, if respondents 3 and 4 would agree that marriage of the alleged detenue and the petitioner can be solemnised harmoniously with W.P.(Crl.)No.387/09 -4- the consent of all after the marriage of their elder daughter. But, respondents 3 and 4 are unable to accept that idea altogether. If she wants to marry the petitioner, respondents 3 and 4 do not think it necessary to permit the alleged detenue to go with them. This we suggested in the hope that given some time, respondents 3 and 4 will be able to take a more realistic and practical stand. But, in the light of the refusal by respondents 3 and 4 to pursue that course, that option is also foreclosed. We respect the decisional autonomy of the alleged detenue, an adult woman aged about 23 years. 9. Notice under the Special Marriage Act has been given on 16.9.2009 and the marriage can now take place only on 19.10.2009, the next working day, after 16.10.2009. A question arises as to where the alleged detenue can be accommodated till then. Respondents 3 and 4 assert that they will have nothing to do with the marriage if the alleged detenue wants to get married to the petitioner. After discussions at the Bar, the alternative emerges that alleged detenue can be accommodated at some respectable hostel till the marriage between her and the petitioner W.P.(Crl.)No.387/09 -5- takes place under the Special Marriage Act. The petitioner offers to meet the expenses for such accommodation in any hostel stipulated by the Court. Respondents 3 and 4 are unwilling to meet such expenditure. The learned Government Pleader after collecting information submits that the alleged detenue can be accommodated at the Sree Suma Hostel, Court Road, Manjeri till 19.10.2009. On that day, the alleged detenue can be permitted to proceed to the Registrar's Office to get her marriage with the petitioner solemnised and registered. 10. In the result: (a) this Writ Petition is allowed. (b) the following directions are issued: (i) The alleged detenue Ms.Sajna is permitted to proceed to the Sree Suma Hostel, Court Road, Manjeri, where she will be accommodated till 19.10.2009. (ii) The petitioner offers and is permitted to meet the requisite expenditure for such accommodation till 19.10.2009. (iii) On 19.10.2009, the hostel authorities shall permit the alleged detenue to proceed to the W.P.(Crl.)No.387/09 -6- Marriage Officer to get her marriage with the petitioner solemnised and registered. 11. This case shall be called again on 22.10.2009 for the petitioner and the alleged detenue to appear before this Court along with the marriage certificate. 12. The learned Government Pleader undertakes that woman Police Constables from Manjeri who are present shall escort the alleged detenue (not in uniform) to the hostel. 13. Call this petition again 22.10.2009 for the petitioner and the alleged detenue to appear along with the marriage certificate. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn