IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(Crl.).No. 517 of 2011(S) ------------------------------------ PETITIONER: JOY JOSEPH, S/O.JOSEPH, AGED 42 YEARS, INCHENAL HOUSE, ELLUMPURAM P.O., MUTTAM, THODUPUZHA-685 587. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SRI.K.P.UNNIKRISHNAN (ELOOR) RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, IDUKKI CIVIL STATION, KUYILIMALA, IDUKKI-685 592. 2. THE CIRCLE INSPECTOR OF POLICE, KANJAR POLICE STATION, KANJAR, IDUKKI-685 587. 3. SUB INSPECTOR OF POLICE, KANJAR POLICE STAITON, KANJAR, IDUKKI-685 587. 4. JOSE, S/O.IYPE, AGED 52 YEARS, EDAMULAYIL HOUSE, ELLUMPURAM P.O., MUTTAM, THODUPUZHA-685 587. 5. JIJO JOSE, AGED 28 YEARS, S/O.JOSE, EDAMULAYIL HOUSE, ELLUMPURAM P.O., MUTTAM, THODUPUZHA-685 587. R1 TO R3 BY SR. GOVT. PLEADER SRI.T.RAMAPRASAD UNNI R4 & R5 BY ADV. SRI.SHAJI THOMAS PORKATTIL THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B.Radhakrishnan & K.Vinod Chandran, JJ. ------------------------------------------------- W.P.(Crl.)No.517 of 2011 S ------------------------------------------------- Dated this the 11th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner complained that his daughter has been illegally detained by respondents 4 and 5. Fifth respondent is the fourth respondent's son. Fifth respondent and the alleged detenue are present. We interacted with the alleged detenue Anjali. Notwithstanding that she is only around 18 years and three months old, we find that she is well oriented and quite clear of her views, particularly her insistence that she and fifth respondent would marry. She told us cogent reasons for going away from her parental home. She says that she knew the fifth respondent for about eight years now. This appears to be a justified statement even going by what the petitioner told us. Respondents 4 and 5, petitioner and the alleged detenue are neighbours. The fifth respondent and the alleged detenue have issued a notice under the Special Marriages Act, it is stated by them. We see the anxiety of the petitioner that he wants to WPCR 517/2011 2 ensure that his daughter, though would go according to her will, should not land in situations which would then be cause for heart burn to her family as regards her whereabouts and well being. 2. Having found that the alleged detenue is not under illegal detention but is a free person and is acting on her own free will; taking into consideration the submissions made by her and the fifth respondent that they are proceeding to marry, we order them to produce an authenticated copy of the certificate of their marriage before the Registrar General of this Court within a period of one month from today and to provide such a copy to the petitioner also. Writ petition is ordered accordingly, leaving the alleged detenue to go on her on accord either with the petitioner or the manner in which she chooses. (Thottathil B.Radhakrishnan, Judge) (K.Vinod Chandran, Judge) tkv