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 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(Crl.).No. 242 of 2009(S) --------------------------- PETITIONER(S): --------------- C.P.SACHINANDANDN, CHITTARIPOYIL HOUSE, KARUMALA, BALUSSERY, KOZHIKKODE DIST. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. SANJU @ VIMAL S/O. VIJAYAN, P.P 2/911, PADINJATTATHIL HOUSE, P.O.MOOTHALA, PALLIKKAL, KILIMANOOR-695604. 2. THE STATION HOUSE OFFICER, PALIKKAL POLICE STATION. 3. THE SUPERINTENDENT OF POLICE, TRIVANDRUM RURAL, TRIVANDRUM. BY GOVT. PLEADER SRI. K.J. MOHAMMED ANZAR. ADV. SRI. K.SIJU FOR R1 SRI.S.SUDHEESHKAR FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.242 of 2009-S ------------------------------------------------- Dated this the 30th day of June, 2009 JUDGMENT Basant,J. The petitioner has come to this Court with this writ petition for issue of a writ of habeas corpus to search for, trace and produce his daughter – Ms.Chaithra, an adult major woman, who, he apprehended, was being illegally detained by the 1st respondent herein. 2. This writ petition was admitted on 24/6/09. Notice was ordered to the respondents. Today, when the case is called, the petitioner and his counsel are present. The 1st respondent and his counsel are also present. Along with the 1st respondent, the alleged detenue Ms. Chaithra has come to this Court. 3. As the alleged detenue comes from the custody of the W.P.(Cri) No.242 of 2009-S -: 2 :- 1st respondent, we permitted the alleged detenue to be alone in the Chamber and did not grant an opportunity for any concerned person to interact with her, other than the petitioner. The petitioner did not, of course, avail of that opportunity. At 1.45 p.m. we interacted with the alleged detenue in the Chamber. She stated that she has already attained the age of 20 years, she having been born on 21/5/89. The petitioner is her father. The 1st respondent was her lover and is now her legally married husband. Her parents did not approve of her relationship with the 1st respondent. They did not heed to her request to permit her to marry the 1st respondent and it is, in these circumstances, that the alleged detenue and the 1st respondent chose to enter matrimony. They allegedly executed an agreement of marriage on 20/6/09. Later, they have got married in accordance with the customary Hindu rites at Kannamangalam Vishnu Temple, Vakkam. The 1st respondent and the alleged detenue are now residing along with the parents of the 1st respondent at Pallikal. 4. The 1st respondent confirms that he and the alleged detenue have now got married in accordance with the customary rites, the marriage having been solemnised at the said temple W.P.(Cri) No.242 of 2009-S -: 3 :- referred above, on 25/6/09. We are satisfied from the submissions made by the alleged detenue and the 1st respondent as also the copy of the registered document dated 20/6/09 and the certificate issued by the Secretary, SNDP Branch, Pallickal, that the petitioner and the 1st respondent are regally married spouses. 5. The alleged detenue in response to our specific query submits that she wants to leave the Court along with the 1st respondent with whom she has come to Court today. The petitioner, on the other hand, submits that he has no objection against the alleged detenue being permitted to go with the 1st respondent, he now having convinced himself that they are legally married and that the alleged detenue is not under any confinement or detention. 6. We are satisfied that no further directions are necessary. As agreed by all concerned, this writ petition is, in these circumstances, dismissed. 7. The alleged deteneu Ms.Chaithra is permitted to leave this Court along with the 1st respondent as desired by her. The copy of the agreement dated 20/6/09 and the original certificate W.P.(Cri) No.242 of 2009-S -: 4 :- dated 29/6/09 placed before this Court by the 1st respondent shall be retained in the file of this Court. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge