IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(Crl.).No. 325 of 2011(S) --------------------------- PETITIONER(S): --------------- VIJAYAKUMAR, AGED 56, S/O. NEELAKANDAN, RESIDING AT KODATH PUTHENVEEDU, PARIKKAPARA, PULLANPARA VILLAGE, PULLANPARA.P.O, PIN - 695 607, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, VENJARAMOODU POLICE STATION LIMIT BY ADV. SRI.S.SREEKUMAR, SENIOR ADVOCATE SRI.JIJO THOMAS SRI.K.C.ELDHO RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVT. SECRETARIAT, TRIVANDRUM-1. 2. SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, VENJARAMOODU.P.O, PIN - 695 607. 3. SUPERINTENDENT OF POLICE, ATTINGAL, TRIVANDRUM DISTRICT, ATTINGAL.P.O, PIN - 690 101. *4 SAJEER S., AGED 28 YEARS S/O. SINUDHEEN, KARIKKAKATIL VEEDU, VELLANCHIRA, PARAVOOR(P.O) THIRUVANANTHAPURAM (*R4 IS IMPLEADED AS PER ORDER DATED4.10.2011 IN I.A NO.14450/2011) ADV. SRI.A.RAJASIMHAN FOR ADDL.R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 325 of 2011(S) APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF THE FIR IN CRIME NO.652/2011 OF THE 2ND RESPONDENT RESPONDENTS EXHIBITS: EXT.R4(a): TRUE COPY OF THE BIRTH CERTIFICATE TRUE COPY P.A TO JUDGE THOTTATHIL B. RADHAKRISHNAN, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.P(Crl.) No.325 of 2011 ---------------------------------------------------- Dated this the 10th day of November, 2011 J U D G M E N T Thottathil B. Radhakrishnan , J Read the earlier orders in this writ petition in its sequence. 2. The petitioner, the father of the alleged detenue, desires that she go with him to complete her education, become a graduate and then go on her own desire. The earlier orders would by themselves stand testimony for the efforts taken to provide the parents appropriate opportunities to persuade the girl for thinking focussed on her future however, without in any manner unduly vexing her in an attempt to dissuade her marrying the 4th respondent. 3. There is a criminal case in which the 4th respondent stands accused of having committed offences in relation to the alleged detenue, affecting her body. 4. Following what has been minuted in the order dated 4th October, 2011, by now, the alleged detenue and the 4th W.P(Crl.) No.325 of 2011 : 2 : respondent have issued notice under the Special Marriage Act. We have today, on interaction with Leju found that she is well oriented and has taken the decision to go with the 4th respondent on her free will. We see no ground to hold otherwise. We record the submission on behalf of the 4th respondent that the marriage notified in terms of the Special Marriage Act will be solemnized. We direct the 4th respondent and Leju to produce an authorised copy of the Certificate of Marriage under the provisions of the Special Marriage Act before the Registrar General of this Court within a period of two months from now. A copy of that would also be made available to the petitioner. With this we order that Leju is free to choose as to with whom she would go, either with the petitioner or with the 4th respondent, since it is her choice to do so. Writ petition ordered accordingly. THOTTATHIL B. RADHAKRISHNAN (Judge) K. VINOD CHANDRAN (Judge) jma10/11