IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(Crl.).No. 233 of 2008(S) --------------------------- PETITIONER: ------------------ FRANCIS, S/O.XAVIER, FRANCIS BHAVANAM, PERUNGALAM, MANROETHURUTHU, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN SRI.S.JAYAKUMAR(PANAMBIL) RESPONDENTS: ---------------------- 1. SUB INSPECTOR OF POLICE, EAST KALLADA, KOLLAM. 2.REGHU, ANISH BHAVANAM, PERUNGALAM, MANROETHURUTHU, KOLLAM DISTRICT. 3.INDIRA, W/O.REGHU, ANISH BHAVANAM, -DO- -DO- R1 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA. BY ADV. SRI.S.RAJEEV FOR R2 & 3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.233/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REGISTERED AGREEMENT DATED 6/6/08 EXECUTED BETWEEN THE PETITIONER AND ANILA. EXT.P2 TRUE COPY OF THE RESULT DATED 12/6/08 OF THE PREGNANCY TEST OF ANILA. EXT.P3 TRUE COPY OF THE RECEIPT DATED 20/6/2008 ISSUED BY THE IST RESPONDENT. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.233 OF 2008 -------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Raman,J. This is a writ of habeas corpus seeking to produce the corpus of the alleged detenue and to free her from illegal custody. The alleged detenue appeared before us. On interaction she stated that she married the petitioner and she is now pregnant. But she states that she is not under the illegal custody of her mother and she is a major. We have interacted with the petitioner and he submitted that a contract of marriage has already been entered into and a customary marriage in the Church will be fixed soon in consultation with the Priest. He also submitted that the complaint filed by him before the Police against the mother of the alleged detenue will be withdrawn as in the changed circumstances. We record the same. -2- WP(Crl).No.233/2008 In the facts and circumstances of the case, we find that the alleged detenue is not under the illegal custody of her mother and in view of the fact that she has already attained majority, she is set free. Writ Petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -3- WP(Crl).No.233/2008