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 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(Crl.).No. 440 of 2011(S) --------------------------- PETITIONER(S): --------------- VISHNU SOMAN, S/O.K.R.SOMAN, KARIYAIRIKKUMTHARA, KULATHOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.C.B.BHAGYALEKSHMY RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM, PIN-695 001. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PIN-689N 645. 4. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, ALAPPLUZHA DISTRICT, PIN-689 101. 5. THE CIRCLE INSPECTOR OF POLICE, CHENGANNOOR POLICE STATION, ALAPPUZHA DISTRICT, PIN-689 121. 6. THE SUB INSPECTOR OF POLICE, CHENGANNOOR POLICE STATION, ALAPPUZHA DISTRICT, PIN-689 124. . . . . . . .2 -: 2 :- 7. DINESH, S/O.DIVAKASRAN, PANIKKARASSERIYIL, UMAYATTUKARA, KALLISSERY P.O., CHENGANNOOR, ALAPPUZHA DISTRICT, PIN-689 124. 8. DIVAKARAN, PANIKKARASSERIYIL, UMAYATTUKARA, KALLISSERY P.O., CHENGANNOOR, ALAPPUZHA DISTRICT, PIN-689 124. ADV. SRI.SATHISH NINAN FOR R8 SRI.SANTHOSH MATHEW FOR R8 SRI.ARUN THOMAS FOR R8 SRI.JENNIS STEPHEN FOR R8 SRI.SANTHOSH MATHEW FOR R7 SRI.ARUN THOMAS FOR R7 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE COMPLAINT DATED 27/09/2011. //true copy// P.S. to Judge R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Crl) No.440 of 2011-S ------------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT Basant,J. This judgment must be read in continuation of the order dated 4/10/2011. 2. Today, the alleged detenue has come to this Court along with her parents and brother. She was permitted to remain alone in the Chamber till the lunch recess. After the lunch recess, we interacted with her alone initially and later in the presence of her brother and father. Subsequently, we interacted with her in the presence of the 7th respondent. His father and mother were also present. The learned counsel for the petitioner and the learned counsel for respondents 7 and 8 are also present. 3. The alleged detenue Veena Soman asserts that she wants to leave this Court along with the 7th respondent. The certificate of marriage issued under the Kerala Registration of Marriages (Common) Rules, 2008 is produced to confirm that the alleged detenue and the 7th respondent have got married to each other on 28/9/2011. The certificate is issued by the W.P.(Crl) No.440 of 2011-S -: 2 :- Secretary and Local Registrar of Marriages (Common) of Edathua Grama Panchayat. 4. The petitioner, the brother of the alleged detenue, and his father Sri.K.R. Soman are unable to accept the decision of the alleged detenue. They have their own reasons and they are unable to accept the marriage between the 7th respondent and the alleged detenue. 5. We note that the alleged detenue is an adult woman aged above 18 years, she having been born on 9/2/1993. We are further satisfied that the alleged detenue and the 7th respondent have got married to each other in accordance with law. Certificate No.704/2011 dated 7/10/2011 issued by the Registrar of Marriages (Secretary of the Edathua Grama Panchayat) confirms the marriage. 6. We accept the decision of the alleged detenue Veena Soman. We are satisfied that no further directions need be issued in the matter. 7. In the result” (a) This writ petition is dismissed. (b) The alleged detenue Veena Soman is permitted to leave this Court along with the 7th respondent and his parents as desired by her. W.P.(Crl) No.440 of 2011-S -: 3 :- 8. The alleged detenue, the 7th respondent and his parents express an apprehension that they may face danger and harm from the petitioner and his parents. We direct respondents 4 to 6 to ensure that necessary protection is given to the alleged detenue and the 7th respondent. If they have any grievance, they shall be at liberty to complain to respondents 4 to 6. The learned Government Pleader shall communicate this directions to respondents 4 to 6. 9. Hand over copies of this judgment to the learned Government Pleader and the learned counsel for the 7th respondent. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge