IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(Crl.).No. 152 of 2008(S) --------------------------- PETITIONER: ------------ RAMAN, S/O.LATE VELAYUDHAN, AGED 50 YEARS,KAKKARAKUNNU HOUSE, VADAKKETHARA VILLAGE, VADAKKWETHARA DESOM, PAZHANNOOR, THALAPPILLY TALUK, THRISSUR BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, PAZHAYANNOOR 2. SUB INSPECTOR OF POLICE, VADANAPPILLY. 3. CIRCLE INSPECTOR OF POLICE, CHELLAKKARA. 4. SUPERINTENDENT OF POLICE,THRISSUR 5. RIJOY @ LUTTAPPY, AGED 25 YEARS, S/O.KOCHU @KOTTUDI, VADANAPPILLY,PATHAMKALLU DESOM. 6. KOCHU @ KOTTUDI, VADANAPPILLY, PATHAMKALLU DESOM, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO FOR R5 & 6 SMT.M.K.PUSHPALATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.) No.152/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE MARKLIST OF SSLC BOOK OF THE PETITIONER'S MINOR DAUGHTER. P2 : COPY OF THE CERTIFICATE ISSUED BY DOCTOR GOVERNMENT HOSPITAL, NENMARA. P3 : COPY OF RELEVANT PAGES OF THE FIR 161/2008, PAZHAYANNOOR POLICE STATION. P4 : COPY OF THE COMPLAINT PREFERRED BY PETITIONER TO 4TH RESPONDENT. //TRUE COPY// PA TO JUDGE. jg P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO. 152 OF 2008 -------------------------------- Dated this the 2nd day of June, 2008 J U D G M E N T Raman, J. The petitioner, the father of the alleged detenue, complained that his daughter was found missing with effect from 24/04/2008. She left the house saying that she had to attend the marriage function of her friend, but even after evening she did not return. Subsequent to the information, that his daughter was taken away in an autorikshaw by somebody, which was conveyed to him by an employee in a telephone booth at Pazhayannoor, Ext.P3 complaint was filed before the Police, but they could not find out the girl. Hence, the petitioner filed this writ of habeas corpus. 2. Pursuant to the notice issued, the detenue was produced before this Court and after interacting with the parties, this Court permitted the detenue to go along with the petitioner, the father of the detenue. This case was, accordingly, adjourned to this day. Today, the petitioner is present. The alleged detenue, his daughter, is also present. The 5th respondent, the boy who is stated to have taken the girl along with him, as also his father, 6th respondent, are WP(Crl).No.152/2008 -2- present. We interacted with the parties. Admittedly, on the date, on which the girl was found missing, she was a minor. As on today, there is an issue as to whether she has become a major or not. Though, according to the party respondent, she has attained majority on 26/05/2008, Ext.P2 shows that her date of birth is only on 09/07/1990, in which case, she has yet to attain majority. On the basis of the physical appearance and interaction with the girl, we are satisfied that she is not matured to take a decision as respect her marriage. The girl is studying in Plus Two course. she wants to continue her studies. In the circumstances, we leave the girl to the custody of the petitioner-father. We also find that the girl is free and she is not under illegal custody. However, we make it clear that the petitioner shall not compel his daughter for any marriage against her wish. The petitioner has assured that he will not compel her daughter to marry against her wish. This writ petition is, accordingly, closed. P.R.RAMAN, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. jg