IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(Crl.).No. 276 of 2010(S) --------------------------- PETITIONER: --------------- SHINU PAUL, AGED 27 YEARS, S/O.PAULOSE, PEECHAKKARA HOUSE, PALAMATTOM, THATTEKKAD.P.O, KEERAMPARA VILLAGE, KOTHAMANGALAM-686 691. BY ADV. SRI.GEORGE SEBASTIAN SRI.EBY P.PAUL RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, KANJAR, IDUKKI DISTRICT. 2. SUB INSPECTOR OF POLICE, KANJAR, IDUKKI DISTRICT. 3. JOSEPH.P.A., PULLONIKUNNEL HOUSE, KANJAR.P.O, THODUPUZHA. BY GOVERNMENT PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 276 OF 2010 ============================ DATED THIS THE 13TH DAY OF JULY 2010 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for and produce his lover Jomy Jose, aged 23 years (date of birth - 29/9/1987). She has passed the General Nursing course. She has experienced for two years. According to the petitioner, the alleged detenue Jomy Jose is under the illegal detention and custody of the third respondent, her father. This petition was filed on 9/7/2010. Notice was ordered to the respondents and the case was posted to this date. 2. Today when the case is called, the petitioner is present. He is represented by his counsel. The third respondent has WPCRL.276/2010 -2- appeared before court. He is not represented by any counsel. Along with him, his daughter, the alleged detenue Jomy Jose, has also come to court. 3. As the alleged detenue Jomy Jose comes from the custody of the third respondent, we permitted her to remain alone in the chamber without opportunity for the third respondent to influence her. The alleged detenue wanted an opportunity to interact with the petitioner and she was permitted to do the same. 4. After the lunch recess, when we interacted with the alleged detenue she states that she does not want to raise any allegation against the third respondent. However, she submits that she wants to get married to the petitioner and has already given notice under the Special Marriage Act to get her marriage solemnised with the petitioner herein. Such notice was given on 23/6/2010, it is submitted. The same is revealed from Ext.P1 also. 5. The third respondent has come to court along with his brother P.A.Thomas and his sister-in-law(his wife having expired WPCRL.276/2010 -3- 12 years back). They are unable to accept the proposed marriage between the alleged detenue and the petitioner. They submit that this Court may pass any appropriate orders. At any rate, the third respondent is not willing to take the alleged detenue with him, if she wants to get married to the petitioner, submits the third respondent. 6. Both parents of the petitioner are present. They submit that they have no objection against the marriage between their son, the petitioner, and the alleged detenue. 7. This petition is, in these circumstances, allowed. As agreed, the alleged detenue is permitted to leave the court along with the petitioner and his parents as desired by her. The petitioner and the alleged detenue as also the parents of the petitioner agree that the marriage between the petitioner and the alleged detenue shall be solemnised in accordance with the provisions of the Special Marriage Act on or after 23/7/2010. They agree to produce before this Court the certificate of marriage issued by the Marriage Officer to confirm such marriage, if the case is posted to any date after 23/7/2010. We do accordingly post the case to 6/8/2010. On that day, the WPCRL.276/2010 -4- certificate of marriage shall be produced with copy thereof for being furnished to the third respondent. 8. Call on 6/8/2010. The alleged detenue is permitted to leave the court along with the petitioner and his parents as desired by her. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.