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 6TH JULY 2010 / 15TH ASHADHA 1932 WP(Crl.).No. 259 of 2010(S) --------------------------- PETITIONER(S): --------------- SHAMON S., S/O.SAHJI E.G.,AGED 24, ERUPATHANCHIL, THIRUVARPU P.O., PIN-686033, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI.A.THAMPI SRI.PRAMOD KOCHUTHOMMEN.E. SRI.U.R.HARSHAKUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KUMARAKOM, KOTTAYAM. 2. DISTRICT SUPERINTENDENT POLICE (RURAL), KOTTAYAM. 3. RAJU, AGED 56, THAZHATHUPATHIL, THIRUVARPU P.O., PIN-686033, KOTTAYAM 4. BIJU,AGED 37, PUNNAKKICHIRA, THIRUVARPU P.O., KOTTAYAM, PIN-686033. BY G.P. SRI. K.J. MOHAMMED ANZAR ADV. SMT.T.S.MAYA (THIYADIL) FOR R3,4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 259 of 2010-S ------------------------------------------------- Dated this the 6th day of July, 2010 JUDGMENT Basant,J. This petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife `Malu Raju', aged 20 years (date of birth - 3/1/1990). She has completed her B.Sc. Course; but has not passed the examination completely. She has to pass one more paper, it is submitted. The petitioner asserted that he is in love with the alleged detenue Malu Raju and that their marriage has been solemnized in accordance with the provisions of the Special Marriage Act on 14/6/10. A copy of the certificate of marriage issued under the Special Marriage Act is produced. 2. According to the petitioner, his marriage with the alleged detenue is not appreciated and approved by the parents W.P.(Cri) No. 259 of 2010 -: 2 :- and relatives of the alleged detenue. The 3rd respondent is the father of the alleged detenue and the 4th respondent is her brother-in-law. According to the petitioner, on coming to know of the marriage between him and the alleged detenue, the alleged detenue was being illegally confined and detained by respondents 3 and 4. It is, in these circumstances, that he came to this Court with this petition for issue of a writ of habeas corpus. 3. This petition was filed on 29/6/10. It was admitted on 30/6/10. Notice was ordered to the respondents. 4. Today, when the case is called, the petitioner is present. He is represented by his counsel. Respondents 3 and 4 are present. They are represented by a counsel. Along with the 3rd respondent his wife Omana - the mother of the alleged detenue, has also come to Court. The alleged detenue Malu Raju has come to Court along with respondents 3 and 4. 5. As the alleged detenue comes to Court along with respondents 3 and 4, who are allegedly detaining and confining her, we permitted the alleged detenue to remain alone in the Chamber without opportunity for any one to interact with her. The alleged detenue and the petitioner wanted and we permitted them to interact with each other as it is seen that they are a W.P.(Cri) No. 259 of 2010 -: 3 :- legally wedded couple and they so desire. 6. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner. We interacted with both of them in the presence of respondents 3 and 4 also. The learned counsel for the petitioner , the learned counsel for the respondents 3 and 4 and the learned Government Pleader were also present. 7. The alleged detenue informs us that she is married to the petitioner and is his legally wedded wife. But she asserts that she is not under any illegal confinement or detention. She expresses her desire unambiguously that she wants to be with her husband - the petitioner herein. But she submits that she accepts the desire of her parents and is willing to continue residence with her parents until she completes the B.Sc. Course. She submits that she shall return to the petitioner within a period of six months from this date. The petitioner also accepts the arrangement. 8. In a petition for issue of writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. In the instant case, she asserts that she is the legally wedded wife of the petitioner and that she now resides with her parents. But W.P.(Cri) No. 259 of 2010 -: 4 :- she further states that she wants to complete her education and she thereafter wants to return to the petitioner - within a period of six months, according to her. 9. We are satisfied that the alleged detenue is not under any illegal confinement or detention. We are, in these circumstances, satisfied that no further directions are necessary in the matter. We record the submissions of the alleged detenue and the acceptance of the petitioner of her submissions. We are satisfied that this writ petition can now be dismissed after recording the above submissions. 10. In the result: (a) This writ petition is dismissed. (b) The alleged detenue Malu Raju is permitted to leave this Court along with her parents as desired by her. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 259 of 2010 -: 5 :-