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 10TH JULY 2009 / 19TH ASHADHA 1931 WP(Crl.).No. 241 of 2009(S) --------------------------- PETITIONER(S): --------------- ASIF,S/O.KUMARAN, 'PULIATH HOUSE' THRIKKANDIYUR AMSOM,DESOM, SOUTH ANNARA, TIRUR P.O. MALAPPURAM DISTRICT, KERALA. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, CITY POLICE OFFICE, MALAPPURAM, TIRUR. 2. THE CIRCLE INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT. 4. BEERANKUTTY ALIAS BAPPUTTY, 'KALLINGAL HOUSE'THRIKKANDIYUR AMSOM, DESOM, SOUTH ANNARA, TIRUR P.O.,MALAPPURAM DISTRICT, KERALA. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.241 of 2009 ---------------------------------------- Dated this the 10th day of July 2009 J U D G M E N T BASANT,J The petitioner, an eligible bachelor aged about 31 years, has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce Thahira, a woman aged about 30 years, a divorcee with a child aged about 8 years, with whom, he is allegedly in love and who has been detained and confined against her wishes by the 4th respondent herein, her father. 2. The petitioner has a sad tale to narrate. According to him, the alleged detenu and he are known to each other for a long time. The alleged detenu was earlier married. In that marriage, she has got a child aged about 8 years. That earlier marriage has ended in divorce. After the divorce, the alleged detenu had returned to her paternal home. The petitioner and the alleged detenu continued their relationship. The alleged detenu agreed to marry him with the consent of her parents and relatives, if he converts and embraces Islam. To oblige the W.P.Crl No.241/09 2 alleged detenu, he, who was earlier known by name Suresh, had converted to Islam and he thought that everything will be smooth and harmonious thereafter. But unfortunately, the 4th respondent, the father of the alleged detenu, is now unwilling to give the alleged detenu in marriage to him and is illegally detaining the alleged detenu and her child aged 8 years. In these circumstances, the petitioner, who calls himself Asif now, complains to the court that his love, the alleged detenu is detained and illegally confined by the 4th respondent. It is at this juncture that this petition was filed on 23/6/2009. 3. The matter was admitted on 24/6/2009. On 30/6/2009, the petitioner, the alleged detenu and the 4th respondent appeared before court. The alleged detenu submitted that she wants to go along with the petitioner herein with her child. But she prayed that attempts may be permitted to be made to harmoniously settle the disputes. We interacted with the petitioner, the alleged detenu, the 4th respondent, the learned counsel for the petitioner and the learned Government Pleader in the chamber; but we found that it was not possible to persuade the parties to come to a settlement. The 4th respondent asserted that he will give his daughter in marriage to the W.P.Crl No.241/09 3 petitioner only when he is convinced that the petitioner has truly imbibed the principles of Islam. Called upon to explain how he will be so satisfied and what time will be required for such satisfaction, he stated that he is not willing to specify any time limit and suggested that it may take any amount of time - may be years. We posted the case to this date directing the parties to continue the efforts for a harmonious settlement. The alleged detenu was permitted last time to return along with the 4th respondent. They were directed to appear today along with the child of the alleged detenu, which child was not brought to court on 30/6/2009. 4. Today the petitioner, the alleged detenu and the 4th respondent are present. Though the 4th respondent was advised on the last occasion to engage a counsel of his own, he submits that he has not engaged a counsel and does not want to engage a counsel. We interacted with the alleged detenu and she states today in court that she wants to leave along with the petitioner herein and her child. The petitioner is willing to take her and her child along with him. It is submitted at the Bar that a legal marriage will be performed at the earliest between the alleged detenu and the petitioner in accordance with the religious rites. W.P.Crl No.241/09 4 The alleged detenu states categorically today that she now wants to go with the petitioner along with her child. 5. The short question to be ascertained in a petition for issue of a writ of habeas corpus is whether the alleged detenu is under illegal detention or confinement. The alleged detenu herein has not chosen to make any allegations against the 4th respondent; but she has in unmistakable terms stated to court today as also on 30/6/2009 that she wants to live with the petitioner herein. We are, in these circumstances, satisfied that the alleged detenu can be permitted to leave the court along with the petitioner herein. She can be permitted to take the child also with her. No further directions appear to be necessary. She will be at liberty to choose to go with the petitioner herein from court. The police is directed to ensure that the petitioner and the alleged detenu are permitted to leave the court along with the child without any hindrance. 6. This writ petition is accordingly allowed to the above extent. 7. We had last time suggested that the parties can be referred to the mediator to get assistance for a harmonious settlement. The 4th respondent, who is present today, in W.P.Crl No.241/09 5 response to specific questions by this court, is certain that no such mediation is necessary and that he has no objection against the alleged detenu and the child leaving the court along with the petitioner herein. In these circumstances, the parties are not referred to a mediator. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.Crl No.241/09 6 W.P.Crl No.241/09 7 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009