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 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(Crl.).No. 473 of 2009(S) --------------------------- PETITIONER(S): --------------- RAJENDRAN, AGED 49 YEARS, S/O.PARAMU R.S.SADANAM, NEAR VADAKKE MUKKU, THOTTATHARA, ELAMMADU VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM. 3. SHEEJU, AGED 24 YEARS, S/O.BABY, SHEEJU BHAVAN, MUZHATHANGU VILAKKUPARAM, EROOR, KOLLAM. 4. SANTHOSH, S/O.MANI, ELAVOOR LAKSHAM VEEDU COLONY, NEAR CHERUVAKKAL ST.GEORGE CHURCH, KOLLAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.473 of 2009 ---------------------------------------- Dated this the 23rd day of November 2009 J U D G M E N T Basant,J The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Ms.Salini aged about 20 years. She was a student of the third year B.A Degree course in a private tuition center. She was found missing from 04/11/2009. A complaint was filed and crime No.809/09 was registered on 05/11/2009 at the Chadayamangalam police station about her disappearance. As the alleged detenue was not traced till 16/11/2009, the petitioner had come to this court with this petition on 16/11/2009. 2. This petition was admitted on 18/11/2009 and notice was ordered to the respondents. 3. Today when the case was called, the petitioner is present before court along with his wife and daughter. He is represented by his counsel. Respondents 3 and 4 are present. They are cousins. Along with the 3rd respondent, the alleged detenue has also come to court. As the alleged detenue comes from the custody of the 3rd respondent, we permitted her to remain in the chamber without opportunity for anyone to W.P.Crl No.473/09 2 influence her. Her parents and sister, that is the petitioner, his wife and the younger child of the petitioner were permitted to interact with the alleged detenue in the chamber. The alleged detenue was permitted to remain in the chamber till we commenced in camera sitting after lunch. We interacted initially with the alleged detenue separately and later along with her parents and sister. Subsequently, we interacted with all concerned including the 3rd respondent. The learned counsel for the 3rd respondent and the learned Government Pleader were also present in court. 4. The alleged detenue before us categorically stated that she is aged above 20 years, she having been born on 25/5/1989. She and the 3rd respondent were in love. She had left her parental home voluntarily and has got married to the 3rd respondent in accordance with the customary Hindu rites at the Pathirimuttam Sreekrishna Swami Kshethram, Alanchery on 04/11/2009. A certificate issued by the Secretary of the temple is produced. It is further submitted that steps have already been taken to get the marriage registered before the local authority. It is submitted by the alleged detenue and the 3rd respondent that they have started to live as legally married man and wife. The alleged detenue asserted that she does not want to return to her parents; but wants to go along with the 3rd respondent W.P.Crl No.473/09 3 herein. The alleged detenue and the 3rd respondent, after their marriage, had surrendered before the learned Judicial First Class Magistrate Court, Kottarakkara on 16/11/2009 and the learned Judge, on being satisfied that their marriage had taken place, had permitted the alleged detenue to go with the 3rd respondent as desired by her. The alleged detenue and the 3rd respondent agree that the 3rd respondent, who is now a student of the 3rd year Degree course, shall complete her education and shall do the needful to acquire a degree. 5. After their interactions with the alleged detenue, the petitioner and his wife are now convinced that there is no element of illegal detention or confinement. They submit before court that the alleged detenue can be permitted to choose whatever course she wants to. If she is willing to go with the petitioner, he and his wife are willing to take her to their house. 6. The petitioner submits that if the alleged detenue does not want to come with the petitioner and his wife, the court may be pleased to direct the 3rd respondent and the alleged detenue to furnish to them a copy of the marriage certificate after the same is registered with the local authority. The 3rd respondent and the alleged detenue agree to hand over copy of such certificate to the Chadayamangalam police within a period of seven days from this date. W.P.Crl No.473/09 4 7. After our interactions with the parties concerned, we are satisfied, (and the petitioner himself accepts the same) that the alleged detenue is not under the illegal confinement or detention of the 3rd respondent. The marriage between the 3rd respondent and the alleged detenue has allegedly taken place. The alleged detenue is aged above 20 years. We are satisfied that no further directions need be issued in this writ petition. 8. This writ petition is, in these circumstances, dismissed. The alleged detenue is permitted to return from court along with the 3rd respondent as desired by her and as agreed by the petitioner and his wife. 9. We accept the undertaking of the 3rd respondent and the alleged detenue that certificate to prove registration of marriage with the local authority shall be furnished to the petitioner through the police authorities within a period of seven days from this date. 10. This writ petition is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.473/09 5 W.P.Crl No.473/09 6 W.P.Crl No.473/09 7 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009