IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(Crl.).No. 379 of 2009(S) --------------------------- PETITIONER(S): --------------- R.RANJITH, S/O.RAVI, AGED 24, MANNARKOTTA HOUSE, KURUNGAZHA PO, PULLADU, PATHANAMTHITTA DIST. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. RAJASEKHARAN NAIR @ RAJAN NAIR, AGED AND FATHERS NAME NOT KNOWN, VIJAYA BHAVANAM HOUSE, KURANGAZHA PO, PATHANAMTHITTA DIST. 2. REKHA RAJAN, W/O.RAJASEKHARAN NAIR, VIJAYA BHAVANAM HOUSE, KURANGAZHA PO, PATHANAMTHITTA DIST. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DIST. 4. S.I.OF POLICE, KOIPRAM POLICE STATION, PULLEDU, 5. C.I.OF POLICE, KOZHENCHERRY,PATHANAMTHITTA DIST. ADV. SRI.JACOB P.ALEX FOR R1&2 GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.CRL.NO.379/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE OF R.RAJI @ RAJI RAJAN NAIR. EXT.P2 : TRUE COPY OF MARRIAGE CERTIFICATE DT. 4.6.2009 ISSUED BY KADHALIMANGALAM DEVASWOM. EXT.P3 : TRUE COPY OF PHOTOGRAPHS OF MARRIAGE CEREMONIES. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(Crl) No.379 of 2009 ---------------------------------------------- Dated 23rd September, 2009. J U D G M E N T Kurian Joseph, J. This is a petition for a writ of habeas corpus. Respondents 1 and 2 are present along with the alleged detenue Smt.Raji Rajan, who is the first petitioner in W.P.(C) No.26162/09. Smt.Raji Rajan, who has attained majority submits that she is a free person and she is not under the illegal custody of either respondents 1 and 2 or any other person. It is also submitted that she wants to go, and be with respondents 1 and 2. 2. The petitioner submits that Smt.Raji Rajan is his duly wedded wife. But it is the submission and contention of the respondents 1 and 2 and the detenue Smt.Raji Rajan that there is no valid marriage. Be that as it may, if the wife refuses to reside with the husband, it is for the husband to take appropriate action in accordance with WP(Crl) NO.379/09 2 law, in case there is a valid marriage. It is not necessary for this court to go into those aspects since this is not the forum to decide these issues. The Writ Petition (Crl) is accordingly closed. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(Crl) No.379 of 2009 ---------------------------------------------- J U D G M E N T Dated 23rd September, 2009.