IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(Crl.).No. 277 of 2009(S) --------------------------- PETITIONER(S): --------------- ELSAMMA JOSEPH, W/O.A.J.JOSEPH, AKKATTU HOUSE, ATTAPPALLAM P.O., KUMILY, IDUKKI DISTRICT. BY ADV. SMT.SANGEETHA LAKSHMANA RESPONDENT(S): --------------- 1. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, KERALA. 2. THE COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, NARASIMHARAJA POLICE STATION, MYSORE DISTRICT, MYSORE, KARNATAKA STATE. 4. ANTONY VARGHESE, BUSINESS DEVELOPMENT OFFICER, VODAFONE ESSAR CELLULAR LIMITED, ESSAR COMMUNICATIONS, EXCEL 1/1141, SECOND FLOOR, SURABHI BUILDING, PULLEPADY JUNCTION, CHITTOOR ROAD, COCHIN-18. 5. NAZARULLA KHAN, CSI CHURCH ROAD, NEAR MHBOOB MEDICAL COLLEGE, MYSORE DISTRICT. BY G.P. SRI. K.J. MOHAMMED ANZAR ADV. SRI.KKM.SHERIF FOR R4 SRI.LAL K.JOSEPH FOR R4 SRI.A.A.ZIYAD RAHMAN FOR R4 SMT.SHEENA SAMUEL FOR R4 SRI.V.S.SHIRAZ BAVA FOR R4 SRI.SOJAN MICHEAL FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Crl) No.277 of 2009-S ------------------------------------------------- Dated this the 31st day of July, 2009 JUDGMENT Basant,J. This judgment must be read in continuation of the earlier orders dated 24/7/09 and 30/7/09. 2. The petitioner has come to this Court with this petition under Art.226 of the Constitution for issue of a writ of habeas corpus to search for, trace and produce her daughter Ms. Agnes Joseph - a student of First Farm.D at J.S.S. College of Pharmacy, Mysore. The petitioner apprehended that her daughter was being influenced and prevailed upon by respondents 4 and 5 to go with the 5th respondent and marry him. From certain phone calls which she received, the petitioner apprehended that her daughter was being detained against her will and wishes by respondents No.5 in collusion with respondent No.4. It is, in W.P.(Crl) No.277 of 2009-S 2 these circumstances, that she came to this Court with this petition on 13/7/09. 3. This writ petition was admitted on 14/7/09. On 30/7/09, the 5th along with the alleged detenue had appeared before this Court. As per the order dated 30/7/09, the alleged detenue was permitted to go along with the petitioner and her husband (father of the alleged detenue). She has come back to this Court today. We have had interactions with all concerned in the presence of their counsel and the learned Government Pleader. 4. The alleged detenue is an adult major woman, she having crossed the age of 19 years. Her date of birth is 14/10/89. 5. The alleged detenue states before us categorically in the presence of her parents that she has taken a firm and informed decision to go along with the 5th respondent with whom she has got married legally. She assures this Court and her parents that W.P.(Crl) No.277 of 2009-S 3 she will continue her education and acquire the requisite qualifications to equip herself for life. The 5th respondent states before Court that he has no objection against Ms. Agnes Joseph, the alleged detenue, continuing her education at Mysore. 6. In a petition for issue of writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is detained against her wishes, will and desire by any one. The correctness, prudence or wisdom of the decisions of the alleged detenue are not justiciable before Court. The alleged detenue, as noted earlier, is an adult woman, she having already attained majority. She is about 20 years old. We accept her statement that she wants to go along with the 5th respondent with whom she has contracted legal matrimony. We are convinced that the alleged detenue Ms. Agnes Joseph is not detained or confined by any one. We accept her statement that she is leading a happy life with the 5th respondent - her husband, W.P.(Crl) No.277 of 2009-S 4 and wants to live with him. This writ petition is, in these circumstances, only to be dismissed. 7. In the result: (a) This writ petition is dismissed. (b) The alleged detenue Ms. Agnes Joseph is permitted to leave this Court along with the 5th respondent - her husband. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Crl) No.277 of 2009-S 5 R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Crl) No.277 of 2009 ------------------------------------------------- Dated this the 30th day of July, 2009 ORDER Basant,J. This order must be read in continuation of the order dated 24/7/2009 and the order passed earlier today. 2. At 1.45 p.m, we interacted with the alleged detenue Agnes Joseph, the petitioner, her husband (father of the detenue Sri.A.J.Joseph) as also the 5th respondent. The alleged detenue stated before us that she has got married to the 5th respondent on her own free will and volition. She is an adult woman, she W.P.(Crl) No.277 of 2009-S 6 having crossed the rubicon of 18 years. Her date of birth, it is admitted at all hands is 14/10/1989. 3. The petitioner prays that she may be permitted to have a longer period of interaction with the alleged detenue. The alleged detenue and the 5th respondent, in the course of discussions, are reluctant to accept the said request of the petitioner; but after prolonged parleys in the presence of their respective counsel, the alleged detenue and the 5th respondent agree that the alleged detenue shall today go along with the petitioner on condition that she shall be permitted to appear before this court on 31/7/2009 at 1.45 p.m. The said request is accepted. 4. The petitioner and her husband undertake before court that the alleged detenue shall be taken only to the residence of Smt.Jaseentha Rodney, Koimparambil, Aroor.P.O., Alappuzha, Tel.No.0478-2875986 and shall not be taken to any W.P.(Crl) No.277 of 2009-S 7 other place. It is also admitted and undertaken that the alleged detenue shall not be intimidated, threatened or harassed. The petitioner shall, of course, be at liberty to have discussing with the alleged detenue and attempt to persuade her. The alleged detenue, in turn, will be entitled to attempt to persuade the petitioner also. 5. The learned counsel for the 5th respondent expresses an apprehension that vexation and harassment may be directed at the 5th respondent as the petitioner is very influential and powerful. The learned Government Pleader undertakes that the police shall do the needful and there shall be no harassment or vexation directed against the 5th respondent by anyone. The police party led by the 3rd respondent is present before court. 6. Call this petition again at 1.45 p.m on 31/7/2009. Sd/- W.P.(Crl) No.277 of 2009-S 8 R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) jsr //True Copy//