IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(Crl.).No. 446 of 2011(S) --------------------------- PETITIONER(S): --------------- MANU V.G., S/O.GEORGE, AGED 24 YEARS, RESIDING AT ERAVELY HOUSE, THAMMANAM, PALARIVATTOM P.O., PIN - 682 025. BY ADV. SMT.K.NANDINI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION-682 505. 2. SHAJI MON, VELIYIL HOUSE, AVALOOKUNNU P.O., SOUTH ARYAD, ALAPPUZHA - 688 006. (NOW RESIDING AT A RENTED HOUSE, MILLUPADY, VYPEEN)-682 505. 3. ASWATHY, W/O.MANU, VELIYIL HOUSE, AVALOOKUNNU P.O., SOUTH ARYAD, ALAPPUZHA - 688 006. (NOW RESIDING AT A RENTED HOUSE, MILLUPADY, VYPEEN)-682 505. BY G.P. SRI. SHYSON P. MAGUZHA. ADV. SRI.K.SRIKUMAR FOR R2 SRI.K.MANOJ CHANDRAN FOR R2 SRI.P.R.AJITHKUMAR FOR R2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PEPTITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF MARRIATE CERTIFICATE OF THE PETITIONER AND 3RD RESPONDENT DATED 28/9/2011. EXT.P2 - TRUE COPY OF THE SSLC CERTIFICATE OF THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF THE REPRESENTATION FROM THE PETITIONER TO THE 1ST RESPONDENT DATED 29/9/2011. //TRUE COPY// P.S. TO JUDGE R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Crl) No.446 of 2011-S ------------------------------------------------- Dated this the 20th day of October, 2011 JUDGMENT Basant,J. This judgment must be read in continuation of the order dated 10/10/2011 passed by us. 2. Today, when the case is called in the Chambers at 4.30 p.m., the petitioner and the alleged detenue/the 3rd respondent are present. They have come together to Court. The 2nd respondent, father of the alleged detenue is also present. The father and mother of the petitioner have also come to Court. The mother of the alleged detenue i.e., the wife of the 2nd respondent is also present. They are represented by their respective counsel. The learned Government Pleader is also present. 3. We are informed that even though the alleged detenue/ the 3rd respondent on the last date of posting went from Court along with her father, the 2nd respondent, subsequently the petitioner and the 3rd respondent have gone away and have started cohabitation as husband and wife. Ext.P1 shows that W.P.(Crl) No.446 of 2011 -: 2 :- they are legally married. We are totally dissatisfied that the statements made before and undertakings given to Court on 10/10/2011 are not followed. However, we note that all concerned are now agreeing and accepting that the petitioner and the alleged detenue/the 3rd respondent can now live together as husband and wife. The 2nd respondent makes a couple of requests. He states that it may be ensured that the 3rd respondent completes her education as a student of the NUALS. He laments that the 3rd respondent is a good student and that it must be ensured that there is no interruption in her studies. The petitioner and the alleged detenue/the 3rd respondent undertake before Court that the education of the 3rd respondent shall not in any way be interrupted. To that extent the request of the 2nd respondent is seen accommodated. 4. The 2nd respondent now submits that in order to save his face and to claim respectability in the society for the relationship between the petitioner and the 3rd respondent, the 2nd respondent would like a formal marriage to be solemnized in accordance with the religions traditions. The petitioner and the 3rd respondent as also the parents of the petitioner agree to such course. It is agreed that such marriage can be solemnized within a period of one month. 5. We are now satisfied that the alleged detenue/the 3rd respondent is not under any illegal detention or confinement. W.P.(Crl) No.446 of 2011 -: 3 :- We are further satisfied that the petitioner and the 3rd respondent can be permitted to leave this Court together as desired by them and as agreed by the 2nd respondent and his wife. Accepting the request of the 2nd respondent, we hereby record that the petitioner and the 3rd respondent have undertaken before Court that the 3rd respondent shall be completing her education in the NUALS and there shall not be any interruption in her studies. We also record that it is agreed by all concerned that a formal marriage in accordance with the customary/religious rites between the petitioner and the 3rd respondent shall be performed with the approval of the parents of both within a period of 30 days from this date. 6. This writ petition is accordingly dismissed. The detenue/the 3rd respondent is permitted to leave this Court along with the petitioner as desired by them and as agreed by all concerned. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Crl) No.446 of 2011 -: 4 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Crl) No.446 of 2011-S ------------------------------------------------- Dated this the 10th day of October, 2011 ORDER The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce the 3rd respondent, allegedly his wife, who, it is alleged, is being illegally detained by her father - the 2nd respondent. 2. When this petition came up for admission hearing today, the petitioner and his counsel were present. The 2nd respondent has entered appearance through his counsel. In response to a suggestion by this Court, it was agreed that the alleged detenue - R3, shall be brought to Court at 1.45 p.m. 3. Accordingly, R3 has appeared before this Court. We have had detailed discussions with the petitioner and his parents on the one side and the 2nd respondent and his wife and the 3rd respondent on the other. 4. We do not want to make a detailed record on what transpired today; but we do feel that a harmonious settlement of the dispute between the parties is still possible. Parties want time to work on the proposals made. They are both assisted by W.P.(Crl) No.446 of 2011 -: 5 :- counsel. We expect the counsel to play a pro-active role to bring about harmony between the parties. We give them 10 days time, as requested, for them to make response to the various proposals traded between them. 5. We direct that the case be called on 20/10/2011 at 1.45 p.m. for further discussion. The matter shall be treated as part heard. The 3rd respondent, as desired by her and as agreed by all, is permitted to return from Court along with her father - the 2nd respondent. We expect the 3rd respondent to resume her education from tomorrow onwards. We accept the assurance of the petitioner that he shall do nothing to contact the 3rd respondent personally or to interrupt her education in any manner. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/