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 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(Crl.).No. 472 of 2009(S) --------------------------- PETITIONER(S): --------------- PAVITHRAN, S/O.DIVAKARAN, AGED 46 YEARS, SHYNI BHAVAN, TRIKKUNNAPUZHA KIZHAKKEKARA VADAKU MURI, TRIKKUNNAPUZHA, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. VINOD, S/O.GOPALAN, CHERUVALIYIL HOUSE, WEST KALLADA P.O., KUNNATHOOR TALUK, KOLLAM DISTRICT. 2. GOPALAN, CHERUVALIYIL HOUSE, WEST KALLADA P.O., KUNNATHOOR TALUK, KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, HARIPPAD POLICE STATION, ALAPPUZHA. 4. SUB INSPECTOR OF POLICE, TRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. BY G.P. SRI. K.J. MOHAMMED ANZAR. ADV. SRI.P.V.DILEEP FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 472 of 2009-S ------------------------------------------------- Dated this the 4th day of January, 2010 JUDGMENT Basant,J. The petitioner is present. He is represented by his counsel. The 1st respondent is present along with the alleged detenue. It is reported to this Court that the conditions/stipulations in the order dated 1/12/09 have all been complied with. The marriage between the alleged detenue and the 1st respondent has been solemnised in accordance with the religious rites and ceremonies on 26/12/09 at the Puthenkarayil Sree Bhuvaneswari Temple. A certificate to that effect is produced by the learned counsel for the petitioner for perusal of this Court. W.P.(Cri) No. 472 of 2009 -: 2 :- 2. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition. This writ petition is accordingly dismissed as agreed by all. The certificate is returned to the learned counsel for the petitioner. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No. 472 of 2009 -: 3 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 472 of 2009-S ------------------------------------------------- Dated this the 1st day of December, 2009 ORDER Basant,J. This order must be read in continuation of the earlier orders resting with the order dated 23/11/09. The petitioner and his wife are present. Respondents 1 and 2, along with Mrs.Janamma - the wife of the 2nd respondent, are present. The alleged detenue - Ms.Shyni has also come to Court along with the 1st respondent and his parents. It is reported that the marriage between the 1st respondent and the alleged detenue has taken place in accordance with the Hindu religious customary rites on 18/11/09. A certificate of marriage has been produced to confirm that such marriage has taken place. It is issued by the Secretary and Registrar of Hindu Marriages, Mynagappally Grama Panchayat. 2. We have interacted with the parties and their counsel in W.P.(Cri) No. 472 of 2009 -: 4 :- the Chamber. We are happy to note that the petitioner and his wife now accept the marriage between the alleged detenue - their daughter, and the 1st respondent. However, the petitioner and his wife make a simple request. They pray that to salvage the family honour and to happily welcome the 1st respondent as their son-in-law, they may be permitted to get a marriage performed in accordance with the customary rites again in the presence of their close relatives and friends in a temple. Though there were certain areas of differences, we are happy to note that the parties have sorted out such differences and have agreed as follows: (i) The petitioner and his wife accept the marriage between the 1st respondent and the alleged detenue. (ii) The alleged detenue shall today be permitted to return from Court along with the 1st respondent and his parents. (iii) Within 10 days from this date, the petitioner shall go to the house of respondent No.1 and inform respondents 1 and 2 and their relatives of the date of the proposed marriage which shall be within 21 days of such visit. (iv) The alleged detenue shall accompany the petitioner from the house of the 1st respondent and she shall reside with her parents at their residence - `Shyni Bhavan', till the marriage W.P.(Cri) No. 472 of 2009 -: 5 :- is performed. (v) The marriage shall be performed within 21 days of the date on which the alleged detenue returns to her house and on the date of marriage the 1st respondent and his parents will be permitted to take the alleged detenue to their house. (vi) During the period that the alleged detenue resides with the petitioner and his wife, she shall be permitted to contact the 1st respondent over the telephone whenever she wants. (vii) If necessary, either party shall be at liberty to seek further directions from this Court before the next date of posting. 3. Call this petition again on 4/1/2010 for final disposal. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/