IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(Crl.).No. 143 of 2009(S) --------------------------- PETITIONER(S): --------------- DIVAKARACHARYA, SON OF BANTUNHI ACHARYA, AGED 45 YEARS, SARKUTHI HOUSE, BAYAR VILLAGE, KASARGOD DIST. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE,KASARGOD. 2. THE CIRCLE INSPECTOR OF POLICE, MANJESWAR POLICE STATION, KASARGOD DIST. 3. THE SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION,KASARAGOD DIST. 4. SUNIL, SON OF RAMA BELCHADA, HAVALASAGU HOUSE,BAYAR VILLAGE, KASARAGOD DIST. 5. RAMA BELCHADA, HAVALASAGU HOUSE,DO.DO. 6. LAKSHMI, WIFE OF RAMA BELCHADA, DO.DO. 7. ROHIT, SON OF RAMA BELCHADA, DO.DO. BY GOVT. PLEADER SRI.P.N.SANTHOSH FOR R1 TO R3 ADV. SRI.P.K.MUHAMMED FOR R5-7 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN & P.R.RAMACHANDRA MENON, JJ. -------------------------------------- W.P.(Crl.)No.143 of 2009 ------------------------------------- Dated 28th April, 2009 JUDGMENT Ravindran, J . The Circle Inspector of Police, Kumbala has pursuant to the orders passed by this Court produced the detenue Kum.Deepika before this Court. It is brought to our notice that the detenue was produced before the Court of the Judicial First Class Magistrate, Puttur in Karnataka State at 3.30 P.M. on 25.4.2009 and that by order passed that day, the Circle Inspector of Police, Kumbala who had applied for custody of the detenue was granted such custody to enable him to produce the detenue before this Court today. The order passed by the Judicial First Class Magistrate's Court, Puttur discloses that the detenue stated before that Court that she married the fourth respondent on 15.4.2009 and that she does not want to go with her parents. The order also discloses that she had expressed her desire to go with the fourth respondent. 2. Since the detenue expressed her inability to understand and speak Malayalam and English we requested Sri.T.C.Govinda Swami, Advocate of this Court to translate the questions that we put W.P.(Crl.)No.143/2009 2 to the detenue, to ascertain her answers and to convey the answers to us. The detenue replying through Sri.T.C.Govinda Swami stated that her date of birth is 13.4.1991, that she is a major, that she and the fourth respondent entered into a marriage at Arya Samaj, Mangalore on 15.4.2009, that she does not wish to go with her parents or even speak to them and that she would like to go with the fourth respondent. She also submitted that she is not in the illegal custody of the fourth respondent or of any other person. She further stated that she was not ill-treated by the fourth respondent or by the Police. In the light of the fact that the detenue is a major and has expressed her desire to go with the fourth respondent, we are of the opinion that the reliefs prayed for in this writ petition cannot be granted. The writ petition is accordingly closed. P.N.RAVINDRAN JUDGE P.R.RAMACHANDRA MENON JUDGE TKS