IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(Crl.).No. 150 of 2010(S) --------------------------------------- PETITIONER(S): ----------------------- G.MOHANAKURUP, AGED 53 YEARS, S/O.GOVINDA KURUP, KOLADATH, KEERIKKADU SOUTH MURI & VILLAGE, KAYAMKULAM P.O., ALAPPUZHA DIST. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM, 2. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. 3. STATION HOUSE OFFICER, POLICE STATION, KAYAMKULAM. 4. CHIKKU RAMESHAN, AGED ABOUT 22 YEARS, S/O.REMESH, BHUVANESWARI, MUKESH BHAVAN, KEERIPPADU SOUTH MURI & VILLAGE,KAYAMKULAM P.O., ALLEPPEY DISTRICT. 5. REMESHAN, AGED ABOUT 50 YEARS, S/O.SANKARAN -DO-. -DO. R1 TO R3 BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.K.B.ARUNKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO.150/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE BIRTH CERTIFICATE OF THE MINOR ISSUED FROM KAYAMKULAM MUNICIPALITY DT.D 12.7.2000. R4(a):- COPY OF THE RECEIPT ISSUED FROM SUDHARAMA HOSTEL, KAYAMKULAM. TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPCR No.150 of 2010 ------------------------------------------- Dated this the 20th December, 2010 JUDGMENT Basant, J. The petitioner had come to this Court with this petition for the issue of a writ of habeas corpus on 22/4/2001 to search for trace and produce his daughter Neethu, who had not completed the age of 18 years by then. She was born on 20.7.1992. She has now crossed the age of 18 years. 2. This judgment must be read in continuation of various orders passed by this Court resting finally with the order dated 13.8.2010. The petitioner had apprehended that the alleged detenue was being detained illegally by the fourth respondent in active collusion with his father- the fifth respondent. The alleged detenue, minor girl was traced. She was produced before this Court. She was sent along with her parents. She spent some time with her parents. Later, she did not want to return with her parents. The fourth respondent, though in the petition it WPCR No.150/2010 2 was shown that he was aged about 22 years, we found that he had not completed the age of 21 years. The alleged detenue and the fourth respondent stated before this Court that they are in love and they wanted to get married to each other. In these circumstances, the case was posted to this date as the fourth respondent as per the official records would complete the age of 21 years only by 19.12.2010. 3. Today when the case came up for hearing, the petitioner is not present. He is represented by his counsel. The fourth and fifth respondents are present. They are represented by a counsel. The alleged detenue, who was accommodated initially at the Santhi Nikethan Hostel and later shifted to Sudharama Hostel, Kayamkulam has been brought to Court today. 4. We interacted with the alleged detenue alone initially. Later, we interacted with her in the presence of respondents 4 and 5. The learned counsel for the petitioner, the learned counsel for respondents 4 and 5 and the learned Government Pleader were also present. 5. The learned counsel for the petitioner submits that the petitioner has not come to Court today. The learned WPCR No.150/2010 3 counsel submits and the alleged detenue agrees before us that the petitioner had gone to Sudharama Hostel, Kayamkulam yesterday to meet his daughter, the alleged detenue. The alleged detenue had stated to the petitioner that she continues to insist that she wants to get married to the fourth respondent. He had then told the alleged detenue that in that case he shall not be coming to Court today. 6. The alleged detenue asserts that she wants to go along with the fourth respondent and get married to him. The fourth respondent asserts before us that he wants to get married to the alleged detenue. The fifth respondent, the father of the fourth respondent states that he is agreeable to the marriage between his son, the fourth respondent and the alleged detenue. He is willing to take both of them along with him and ensure that the marriage is solemnised in accordance with the customary hindu rites. Both the alleged detenue and the fourth respondents are hindus by religion, it is asserted. 7. We have considered all the relevant inputs. We are satisfied that the alleged detenue and the fourth respondent are legally competent to get married now. We WPCR No.150/2010 4 accept the decisional autonomy of the alleged detenue. We accept the statement that she wants to get married to the fourth respondent. We accept the statement of the fourth respondent that he wants to get married to the alleged detenue. We accept the statement of the fifth respondent that he is willing to take the alleged detenue and the fourth respondent along with him. We accept the statement of the alleged detenue as well as the fourth and fifth respondents that the marriage between the alleged detenue and the fourth respondent shall be solemnised at the earliest - at any rate on or before 22.12.2010. We accept their undertaking that the certificate of marriage shall be produced before this Court on the next date of posting, i.e. on 10.1.2011. 8. This writ petition is in these circumstances dismissed. The alleged detenue Neethu Mohan is permitted to leave the Court along with the fourth and fifth respondents. We accept the statement/ undertaking of the alleged detenue as also the fourth and fifth respondents that the marriage between the alleged detenue and the fourth respondent shall be solemnised in accordance with the customary hindu rites on or before WPCR No.150/2010 5 22.12.2010 and that the certificate of marriage to confirm such marriage shall be produced before Court on 10.1.2011. 9. In the result, a) This writ petition is dismissed. b) The alleged detenue is permitted to leave the court along with respondents 4 and 5. c) We accept the submission/undertaking of the alleged detenue and respondents 4 and 5 that the marriage between the alleged detenue and the fourth respondent shall be solemnised on or before 22.12.2010 and that the certificate of marriage issued under the Kerala Registration of Marriages (common) Rules shall be produced before this Court along with a copy thereof on the next date of posting, i.e. on 10.1.2011. Call on 10.1.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE WPCR No.150/2010 6 css/