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 19TH JULY 2010 / 28TH ASHADHA 1932 WP(Crl.).No. 235 of 2010(S) --------------------------- PETITIONER: --------------- BASHEERKUTTY, AGED 60 YEARS, S/O.SRI.MAINEN KUNJU,RESIDING AT JASMINE COMPLEX, KUNNICODU, VILAKKUDY VILLAGE, PATHANAPURAM, KOLLAM -691508. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN SRI.K.V.ANIL KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, RERPESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR GENERAL OF POLICE, THRIRUVANANTHAPRUAM. 3. DEPUTY SUPERINTENDENT OF POLICE,KOLLAM. 4. CIRCLE INSPECTOR OF POCLIE, PUNALUR, KOLLAM. 5. MOHAMMED SHAN, AGED ABOUT 29 YEARS, S/O.LATE.SHRI.SHERIEF, PERMANENTLY RESIDING AT KOTTAYIL VEEDU (MANIKKAN VELAYIL),KUNNICODU, PATHANPURAM, VILAKKUDY VILLAGE.KOLLAM-691508 R1 TO 4 BY GOVT. PLEADER SRI. K.J.MOHAMMED ANZAR R5 ADV. SRI.MANOJ RAMASWAMY FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 235 OF 2010 ============================ DATED THIS THE 19TH DAY OF JULY 2010 JUDGMENT Basant,J. This judgment must be read in continuation of the earlier orders passed by us resting with the orders dated 25/6/2010 and 2/7/2010. 2. The petitioner had come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Jesna Basheer, aged about 22 years (date of birth - 15-09-1988). She has completed her second year B.Sc.Computer Science. She was missing from 17/06/2010. The petitioner entertains the apprehension that his daughter was being illegally detained by the 5th respondent. 3. In pursuance of the orders referred above, the alleged detenue, who had come to court on 25/6/2010, was residing with the petitioner and family from 25/6/2010 to this date. The WPCRL..235/2010 -2- petitioner and his family were given time to advise, counsel and guide the alleged detenue. 4. Today when the case is called, the petitioner and his wife as also their younger daughter are present. The alleged detenue has come along with them. We interacted with the alleged detenue alone initially and later in the presence of the petitioner, his wife and his younger daughter. The alleged detenue is emphatic that she wants to go along with the 5th respondent. The alleged detenue and the 5th respondent are in love. They have decided to get married. They have given notice under the Special Marriage Act to get their marriage solemnised and registered. Notice was given on 19/6/2010 and the marriage can be registered any time now. The alleged detenue prays that she may be permitted to leave the court along with the 5th respondent. The 5th respondent is present before court. His maternal uncle Sri. Hassan Bava Rawther has also come along with the 5th respondent. The 5th respondent submits that he is willing to take the alleged detenue along with him. The maternal uncle of the 5th respondent also states that the members of the family of the 5th respondent are willing to accept the marriage between the alleged detenue and the 5th respondent. They are WPCRL..235/2010 -3- willing to accept the alleged detenue as the wife of the 5th respondent. The 5th respondent and the maternal uncle pray that the alleged detenue may be permitted to go with the 5th respondent. 5. Counsel for both sides are present. The petitioner submits that the petitioner has made use of the opportunity given to him by the court to keep the alleged detenue in custody from 25/6/2010 till this date. As the attempts of the family members to persuade the alleged detenue to change her decision have not succeeded, appropriate directions may now be issued by the court, submits the petitioner and his counsel. The alleged detenue, an adult major woman, has already crossed the age of 21 years. She is an educated woman, she having completed her second year degree course. Notwithstanding the objection of the petitioner and family and notwithstanding the agony expressed by them before court, we feel that the decisional autonomy of the alleged detenue Jesna Basheer, an adult major woman, has to be respected. 6. In the result, a) this writ petition is dismissed. WPCRL..235/2010 -4- b)The alleged detenue Jesna Basheer, who has today come to court along with the petitioner and his wife, is permitted to go along with the 5th respondent and his maternal uncle. We are assured by the alleged detenue and the 5th respondent that their marriage in accordance with the Special Marriage Act shall be solemnised tomorrow (20/07/2010) itself, if possible, and the certificate of marriage shall be produced before this court if the court is pleased to adjourn the case to 10 days hereafter. We accept the said request. 7. Call this petition again on 30/7/2010. The 5th respondent and the alleged detenue shall appear before court on that day. They shall produce marriage certificate under the Special Marriage Act along with a copy thereof for being furnished to the counsel for the petitioner. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPCRL..235/2010 -5- ks.