IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(Crl.).No. 383 of 2011(S) -------------------------------------- PETITIONER: ------------------- MINI @ THANKAMONY ,AGED 40 YEARS D/O.THANKAMMA, CRA-193,PRP MAGAR, CHENTHI LANE, PONGUMMOODU, THIRUVANANTHAPURAM. BY ADVS. SRI.A.JAYASANKAR, SRI.MANU GOVIND. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,HOME DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM- 695 001. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA- 689 645. 3. THE CIRCLE INSPECTOR OF POLICE, PARASSALA, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PARASSALA, THIRUVANANTHAPURAM- 695 502. 4. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE CIRCLE, OFFICE OF THE CIRCLE INSPECTOR, THIRUVANANTHAPURAM- 695 011. 5. SRI.AJI, AGED 29 YEARS, S/O.LATE EBENEZER, MARUTAN VILA, PALUKAL P.O, KARUMANNOOR, PARASSALA -695 502. R1 TO R4 BY SR. GOVT. PLEADER SRI. P.K. BABU, R5 BY ADVS. SRI.R.T.PRADEEP, SRI.SREEKANTH S.NAIR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.383/2011-S: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE REPRESENTATION DTD. 13/08/2011 MADE BY THE PETITIONER BEFORE 2ND, 3RD AND 4TH RESPONDENTS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------------------------------------------------- W.P.(Crl.) No.383 OF 2011 ---------------------------------------- Dated this the 22nd day of August, 2011 JUDGMENT THOTTATHIL B. RADHAKRISHNAN,J. This writ petition is filed by Mini @ Thankamony, contending that her daughter Ms.Aswani Preetha is illegally detained by the 5th respondent. 2. This morning Ms.Aswani Preetha and 5th respondent were present before court, also holding a certificate issued by a Paster M.Enos, apparently reflecting what they call as a marriage certificate. We thought it fit that the parties talk it over in mediation proceedings. We therefore, recorded an order in the morning and referred the case for mediation, deffering the case to be called again at 4 p.m today. W.P.(Crl.) No.383 OF 2011 2 3. Now, by 2.45 p.m we have before us the parties and a settlement whereby the 5th respondent has undertaken to marry petitioner's daughter Ms.Aswani Preetha as per the Special Marriage Act, 1954, within a week from today. The petitioner has consented to that. A marriage certificate is to be made available to the petitioner, the mother, at the earliest. We also see that the parties have further agreed to ensure that there is no litigation detrimental to the peaceful married life of the 5th respondent and Ms.Aswani Preetha. 4. The aforesaid agreement arrived at in mediation is placed on record under signature of the parties and counsel appearing on both sides. The learned Mediator has also signed the agreement in token of it having been arrived at in mediation. We do not find that the W.P.(Crl.) No.383 OF 2011 3 agreement is unlawful. We, therefore, record that agreement and order this writ petition directing that respondents 5 and Ms.Aswani Preetha will produce a duly authenticated copy of the certificate of their marriage in terms of the Special Marriage Act, 1954, within a period of two months from now before the Chief Judicial Magistrate, Thiruvananthapuram, failing which that office will report the matter promptly to this Court. They will also provide such a copy of the certificate to the petitioner with that time fame. 5. The settlement between the parties and the report of the mediator will stand appended to this judgment. 6. With this, we record that the alleged detenue is W.P.(Crl.) No.383 OF 2011 4 not in the illegal detention as she being a major and well oriented to arrive at a decision for herself. She is at liberty. 7. Going by the submissions in the writ petition and certain materials in the police papers and the statements in Cr.No.698/11 of Sreekariyam Police Station, there was some controversy about the identity of the petitioner. We have now ascertained that from Ms.Aswany Preetha. She recognizes her mother who is present before court and says that her mother is Mini @ Thankamony. We, therefore, record and order that any statement to the contrary in the police papers can be ignored for all intents and purposes, since we record the statement of Ms.Aswany Preetha to this effect. 8. Office will communicate a copy of this judgment W.P.(Crl.) No.383 OF 2011 5 to the court of the Chief Judicial Magistrate, Thiruvananthapuram with a copy of the mediation settlement agreement. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE K.SURENDRA MOHAN, JUDGE mns