IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(Crl.).No. 271 of 2010(S) --------------------------- PETITIONER(S): --------------- VIJITH.P.J,S/O.JAYARAJAN, PUTHOOR HOUSE, CHALINGAD PO,KAIPAMANGALAM, KODUNGALLUR TALUK,THRISSUR DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.M.C.GOPI SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, AYYANTHOLE,THRISSUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION,MATHILAKAM PO, THRISSUR DISTRICT. 3. P.K.ABDUL RAUF, PAMPINEZHUTHU HOUSE, PO MATHILAKAM,KODUNGALLUR TALUK, THRISSUR DISTRICT. 4. SMT.ASMA RAUF,W/O. ABDUL RAUF, PAMPINEZHUTHU HOUSE, PO MATHILAKAM, KODUNGALLUR TALUK,THRISSUR DISTRICT. ADV. SRI.C.P.PEETHAMBARAN FOR R3 & 4 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.271 of 2010 ---------------------------------------- Dated this the 14th day of July 2010 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 his wife Ms.Nimna Rauf, aged 22 years (date of birth : 07/02/1988). She has completed her B.Tech course. She has written her examinations. She is awaiting the final results. According to the petitioner, his wife Ms.Nimna Rauf is being illegally detained and confined by respondents 3 and 4, her parents. Ms.Nimna was a Muslim by religion and the petitioner is a Hindu by religion. They were classmates. They were in love. They decided to get married. They have got married on 20/11/2009 at Pavakkulam temple, Kaloor, in accordance with the Hindu religious rites. To facilitate solemnisation of such marriage, the alleged detenue Ms.Nimna had got converted to Hindu religion. A certificate No.2248/09 dated 25/11/2009 issued under the Kerala Registration of Marriages (Common) Rules, 2008 is produced as Ext.P1. The same is issued by the Registrar of Birth, Death and Marriage, Corporation of Cochin. W.P.(Crl) No.256/10 : 2 : 2. The petitioner alleged that the parents of his wife Ms.Nimna do not approve the marriage between them and according to him, his wife was being illegally detained and confined by her parents, that is respondents 3 and 4. It is, in these circumstances, that he came to Court with this petition on 07/07/2010. This petition was admitted on 08/07/2010 and the case was posted to this date. 3. Today when the case is called, the petitioner is present along with his uncle Sri.C.K.Balan. He is represented by a counsel. Respondents 3 and 4 are present. Along with them, the alleged detenue Ms.Nimna, their daughter, has also come to court. 4. As the alleged detenue comes to Court along with respondents 3 and 4, who are allegedly detaining and confining her, we permitted the alleged detenue to remain alone in the chamber without opportunity for anyone to influence her before we interact with her. We accepted her request to have interactions with the petitioner. 5. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of her parents, W.P.(Crl) No.256/10 : 3 : that is respondents 3 and 4. Later, we interacted with her in the presence of the petitioner and his uncle. The learned counsel for the petitioner, the learned counsel for respondents 3 and 4 and the learned Government Pleader were present. 6. The alleged detenue Ms.Nimna asserts that she has already got married to the petitioner. But she does not make any complaints against her parents; but states unambiguously that she wants to join her husband, the petitioner herein. The petitioner submits that the petitioner and all his relatives have accepted the marriage and he is willing to take the alleged detenue with him. Respondents 3 and 4 are unable to approve and accept the marriage between their daughter Ms.Nimna and the petitioner Sri.Vijith. However, they take the stand that if the alleged detenue has taken the decision to go with the petitioner, they do not want to stand in the way. 7. We are satisfied that the alleged detenue Ms.Nimna wants to join her husband, the petitioner herein. She is an adult major woman, aged 22 years. She is an educated woman having completed her B.Tech course. We respect her decisional autonomy. Notwithstanding the agony of her parents, W.P.(Crl) No.256/10 : 4 : respondents 3 and 4, we are satisfied that the alleged detenue is entitled to be permitted to go with the petitioner, as desired by her. 8. In the result, a) This writ petition is allowed. b) The alleged detenue Ms.Nimna Rauf is permitted to leave the Court along with the petitioner, as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.256/10 : 5 : W.P.(Crl) No.256/10 : 6 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009