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 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(Crl.).No. 437 of 2009(S) --------------------------- PETITIONER(S): --------------- SUNILKUMAR, KODOOR HOUSE, KALAKETTY.P.O, MANJOOKULAM, KOTTAYAM DISTRICT. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, PINNAKKANADU POLICE STATION, PINNAKKANADU.P.O, KOTTAYAM DISTRICT. 2. SUPERINTENDENT OF POLICE, KOTTAYAM. 3. K.J. JOSEPH, KARAMULLIL HOUSE, CHETTUTHODU.P.O, KALAKETTY, KOTTAYAM ADV. SRI.P.C.HARIDAS FOR R3 GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.437 of 2009 ---------------------------------------- Dated this the 2nd day of November 2009 J U D G M E N T Basant,J The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce his friend Elizabeth Joseph aged 21 years, who, he apprehended is under the illegal confinement or detention of the 3rd respondent, her father. According to the petitioner, he and the alleged detenue are in love. They have decided to get married. He belongs to the Hindu Ezhava community and she belongs to the Christian community respectively. As their relationship did not have the blessings of the parents of the alleged detenue, the petitioner and the alleged detenue were constrained to contemplate marriage in accordance with the provisions of the Special Marriage Act. Accordingly, they had given notice to get their marriage solemnised and registered under the provisions of the Special Marriage Act. But, according to the petitioner, on coming to know of such notice given, the alleged detenue is being illegally detained by the 3rd respondent at her residence. W.P.Crl No.437/09 2 It is, in these circumstances, that the petitioner came to this court with this petition. 2. This petition was filed on 27/10/2009. The same was admitted on 28/10/2009 and the case was posted to this date. 3. Today when the case is called, the petitioner is present along with his counsel. The 3rd respondent is present along with his wife. He is represented by a counsel. The alleged detenue has come to court along with the 3rd respondent and his wife, that is her parents. As the alleged detenue comes from the custody of the 3rd respondent and his wife, we wanted to ensure that there is no pressure or influence brought on her before her response is ascertained. We ascertained her response generally in the open court and the alleged detenue confirmed that she is aged above 21 years - she having been born on 07/04/1988. She admitted that she has completed her Diploma course in General Nursing and Medicine. To a specific query by us as to whether she wants to have interactions with the petitioner herein, she stated that she does not want any such interactions. We allowed the alleged detenue to remain in the chamber without any opportunity for anyone to influence or interact with her. W.P.Crl No.437/09 3 4. After lunch recess - after more than three hours of her being in the chamber alone, we interacted with the alleged detenue. The alleged detenue admitted that she knows the petitioner and that notice had been given for solemnisation of marriage under the Special Marriage Act. But, according to her, she is not under illegal confinement or detention by anyone including the 3rd respondent. She admitted that notice of marriage was given under the Special Marriage Act; but according to her, now she does not want to proceed further with the proposal for marriage with the petitioner. We tried repeatedly to ascertain whether the alleged detenue is making such statements on account of any influence or threat brought on her. She states that she is not under any such influence or threat. We later interacted with the 3rd respondent and his wife in the presence of the alleged detenue. Subsequently, we interacted with the petitioner. Before the petitioner also, the alleged detenue repeated her earlier statements. Both counsel as also the learned Government Pleader were present. 5. We are now satisfied that the alleged detenue Elizabeth Joseph is not under any illegal confinement or detention. We accept her version. She is a woman aged 21 W.P.Crl No.437/09 4 years and we must and do accept her decisional autonomy. We are satisfied, in these circumstances, that no further directions are necessary in this writ petition. 6. In the result, a) This writ petition is dismissed. b) The alleged detenue Elizabeth Joseph is permitted to leave the court along with her parents, as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.437/09 5 W.P.Crl No.437/09 6 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009