IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 RP.No. 894 of 2010(S) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPCR.252/2010 .................... REVIEW PETITIONER(S): PETITIONER: 3RD PARTY ------------------------------------------- SISTER LISBIN SABS, AGED 45 YEARS, THE SUPERIOR, ST.THOMAS ADORATION CONVENT, THOPPIL, THRIKKAKARA, KOCHI - 21. BY ADV. SRI.K.R.VINOD RESPONDENT(S): PETITIONER/RESPONDENTS 1 TO 4 -------------------------------------------- 1. LINET SALY, W/O.SALY, AGED 48 YEARS, MUDAVASSERI, MALIPPURAM, KOCHI - 682 511. 2. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERI POLICE STATION, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, ERNAKULAM. 4. MR.BASIL, NOCHIPPARAMBIL HOUSE, UNIT ROAD, NEAR MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM. 5. MR.CRESCENCE BASIL, S/O.BASIL, NOCHIPPARAMBIL HOUSE, UNIT ROAD, NEAR MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- R.P.No.894 of 2010 & I.A.No.12503 of 2010 in W.P.(Crl.)No.252 of 2010 ------------------------------------------------- Dated this the 8th day of October, 2010 ORDER Basant,J. W.P.(Crl.)No.252 of 2010 was disposed of by judgment dated 6/7/2010. As agreed by all concerned, certain directions were issued. The soul of the arrangement was that parents will be given opportunity to perform the marriage of the alleged detenue in accordance with the religious rites before 31/12/10. It was further agreed that till then the alleged detenue shall be accommodated at St. Thomas Convent, Thoppil, Thrikkakara. 2. I.A.No.12503 of 2010 is filed by the 4th respondent and R.P.No.894 of 2010 is filed by the Sister-in-charge of St. Thomas Convent, Thoppil, Thrikkakara. In both the petitions the prayer is that the conditions imposed vide judgment dated 6/7/10 may R.P.No.894 of 2010 -: 2 :- be modified and reviewed. 3. We directed the parties to appear. We have heard all parties and counsel in R.P.No.894 of 2010. The Sister-in- charge of the Convent submits that she is unable to accommodate the alleged detenue in that Convent on account of various pieces of conduct on the part of the alleged detenue as also the 4th respondent. The 4th respondent submits in the I.A. that he is unable to wait any longer and that he and the alleged detenue doubt and suspect the bona fides of the petitioner in the writ petition and her husband. The alleged detenue adamantly asserts before us that she does not want to continue residence in the Convent and should be permitted to leave the Convent and join the 4th respondent. She is not interested in waiting for the marriage in accordance with the customary religious rites being performed with the blessings of her parents, she asserts. 4. We take note of the circumstance that the alleged detenue and the 4th respondent is legally married already under the provisions of the Special Marriage Act. Certificate of marriage has already been produced also. Still, considering the desire of the parents, we had stipulated the arrangement as agreed by all/parties as per judgment dated 6/7/10. All parties had agreed on the same. We now find it unnecessary to continue R.P.No.894 of 2010 -: 3 :- that arrangement. We take note of the agony and the helplessness of the petitioner. But in the wake of the adamant stand taken by the alleged detenue and the 4th respondent, we are satisfied that it is not necessary to insist on the arrangement stipulated as per the judgment dated 6/7/10. 5. In the result: (a) R.P.No.894/10 and I.A.No.12503 of 2010 are both allowed. (b) The alleged detenue Ann Mary @ Neethu, aged 19 years (date of birth - 21/1/1991), is permitted to leave this Court along with the 4th respondent with whom she has contracted the marriage under the provisions of the Special Marriage Act as per Certificate No.26/10 dated 29/6/10 issued by the Marriage Officer, Thrikkakara. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge R.P.No.894 of 2010 -: 4 :-