IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(Crl.).No. 41 of 2011(S) ---------------------------------- PETITIONER(S): --------------------- C.C.AJAYAKUMAR, S/O.P.CHANDRAN, AGED 39 YEARS, PANGARAPPILLIYIL HOUSE, MULANTHURUTHY.P.O., ERNAKULAM. BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): ------------------------ 1. HAMSA, S/O.NOT KNWON, AGED ABOUT 50 YEARS, MEPPULLI HOUSE, MATTUMMAL PARAMBU, THAYIKKATTU KARA.P.O., ALUVA, ERNAKULAM-683 101. 2. M.M.SABEESA, W/O.M.A.HAMSA, AGED ABOUT 45 YEARS, MEPPULLI HOUSE, MATTUMMAL PARAMBU, THAYIKKATTU KARA.P.O., ALUVA, ERNAKULAM-683 101. 3. CIRCLE INSPECTOR OF POLICE, POLICE STATION, ALUVA-683 101. 4. SUB INSPECTOR OF POLICE, POLICE STATION, MULANTHURUTHI-682 314. R3 & R4 BY SR.GOVERNMENT PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR: 41 OF 2011 PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE CERTIFICATE OF MARRIAGE. EXT.P2.TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.41 of 2011 ---------------------------------------------- Dated, this the 16th day of March, 2011 JUDGMENT K.M.Joseph, J. Petitioner has sought a writ of Habeas Corpus for production of his wife Smt.Binu and daughter Abna. 2. We have already passed interim orders dated 4.2.2011 and 11.3.2011. We have taken note of the fact that the petitioner, a Hindu by religion is alleged to have married the daughter of respondents 1 and 2 who are Muslims, as per Hindu customary rites in a temple. We have also taken note of the stand of the parties that they are agreeable to have their marriage registered under the Special Marriage Act. We further noted that Smt.Binu has no objection in the petitioner taking with him their daughter so that she can continue with her eduction in the St.Gregorious English Medium School, Mulanthuruthi. The child was directed to be handed over to the petitioner. We have also directed the petitioner to make submissions on 11.3.2011 regarding the setting up of separate residence so that Smt.Binu can also join the petitioner. 3. Today, when the matter came up, the petitioner, Smt.Binu and their children are present. Learned counsel for the petitioner would point out that petitioner has taken a house on rent at WPCRL 41/2011 -2- Eruvery, near Chottanikkara. Petitioner and Smt.Binu would also say that a house has been taken on rent. It is submitted by the learned counsel for the petitioner that though the parties were present, solemnization of marriage could not taken place. It is submitted that as soon as solemnization takes place the marriage certificate will be produced before this Court. We record the statement of the petitioner and Smt.Binu that they are prepared to live together in the newly rented house as aforesaid along with their children and we permit the alleged detenues to go with the petitioner so that they may live together in the rented house at Chottanikkara. The Writ Petition (Criminal) is closed. Post on 4.4.2011 for production of certificate. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS