IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(Crl.).No. 348 of 2010(S) --------------------------- PETITIONER: --------------- SURESH KUMAR N., S/O.NARAYANA PILLAI, AGED 40 YEARS, SURESH BHAVANAM, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT-689501 BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE(LOW AND ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA 3. SUB INSPECTOR OF POLICE PANDALAM POLICE STATION PATHANAMTHITTA DIST 4. PRASAD, S/O.SIVAN, AGED 24 YEARS, ULAMAYIL HOUSE(H.N.7/211) ULAMAYIL COLONY, KADAIKKAD,PANDALAM PATHANAMTHITA DIST.PIN-689501. SR.GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR SRI.C.M.KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.348 of 2010 ***************************** Dated this the 15th day of October, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by us resting with the order dated 22.09.2010. 2. Today when the case is called, the petitioner is present. He is represented by his counsel. Along with her, his wife has come to Court. The alleged detenue, who was sent along with the petitioner as per order dated 22.09.2010, has also come to Court. 3. We interacted with the alleged detenue, a minor girl, aged 17 years (date of birth - 31.05.1993). She is willing to return along her parents. Her parents state and the alleged detenue, a minor girl, agrees that she shall now go to Mumbai, where the sister in law of the petitioner is settled, to enable the alleged detenue to continue her education. Affidavit has been filed by the petitioner to confirm that the marriage of the alleged detenue shall not be performed till she attains the age of 18 years and even thereafter the marriage shall not be conducted without the consent of the alleged detenue. W.P(Crl) No.348 of 2010 2 4. The petitioner is, in law, entitled to the custody of his minor daughter. The minor now agrees to go with the petitioner. We are satisfied, in these circumstances, that no further steps are necessary in this Writ Petition. 5. The 4th respondent, with whom the alleged detenue had allegedly eloped, has not appeared before Court. The alleged detenue states before us that the 4th respondent is reported to be in prison. 6. This petition is, in these circumstances, allowed. We accept the affidavit of the petitioner that the alleged detenue shall not be given away in marriage to anyone till she attains the age of 18 years and thereafter she shall not be given away in marriage without her consent. The alleged detenue, as agreed by her, is permitted to go along with her parents, ie. the petitioner and his wife. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/