IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(Crl.).No. 193 of 2009(S) --------------------------- PETITIONER(S): --------------- RATHEESH E. RADHA KRISHNAN, S/O. RADHA KRISHNAN, AGED 24 YEARS, RESIDING AT SAJINA QUARTERS, THALIKKAVU, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. RAVI KUMAR M., RESIDING AT SAJINA QUARTERS, THALIKKAVU, KANNUR. 2. MALLIKA, RESIDING AT SAJINA QUARTERS, THALIKKAVU, KANNUR. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR. BY G.P. SRI. K.J. MOHAMMED ANZAR ADV. SRI.P.M.PAREETH FOR R1 SRI.MOHAMMED SHAMEEL FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 193 of 2009-S ------------------------------------------------- Dated this the 15th day of July, 2009 JUDGMENT Basant,J. The petitioner - a young man, aged 24 years (his date of birth is 26/5/84) has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Swetha - an adult woman, (her date of birth is 21/4/90) with whom he is allegedly in love and with whom he had allegedly contracted a marriage on 12/3/09 at the Sreekrishna Swamy Temple, Trichambalam. Their marriage, according to him, has been duly registered at the Taliparamba Municipality. He complained that the parents of the said Ms.Swetha were illegally detaining her somewhere. She was earlier at Kannur residing at `Sajina Quarters, Thalikkavu, Kannur'. On coming to know of her relationship with the W.P.(Cri) No. 193 of 2009-S -: 2 :- petitioner and her alleged marriage with the petitioner, the parents of Ms. Swetha had allegedly removed her illegally and were detaining her against her wishes, he alleged. She was allegedly found to be missing from 4/4/09. 2. This petition was filed on 21/5/09. It was admitted on 25/5/09. Notice was ordered to the respondents. On 8/6/09 when the matter came up for hearing, the learned Government Pleader reported that respondents 1 and 2 along with the said Ms.Swetha are not available in their house at Kannur and they were reported to have gone to Coimbatore. Later, a crime was registered and when the matter came up for hearing on 29/6/09, respondents 1 and 2 appeared before Court. The alleged detenue Ms.Swetha had also come to Court along with respondents 1 and 2. We interacted with the parties and the alleged detenue in the presence of their counsel in the Chamber. Ms. Swetha asserted that she had got married to the petitioner and the marriage has been duly registered with the Taliparamba Municipality. The parents of Ms. Swetha wanted it to be ensured that she completes her educational career before she embarks on matrimonial life. We found, after discussions, that the parties were progressing towards an agreed upon course for the future. We granted them two weeks time to finalise the terms of W.P.(Cri) No. 193 of 2009-S -: 3 :- the agreement and report the same to the Court. 3. We have given Ms.Swetha and the petitioner an opportunity to interact with each other as agreed by her parents. 4. We have interacted with the parties today in the presence of the learned Government Pleader and their counsel. The parties agreed as follows: (1) Ms. Swetha shall return from the Court along with her parents today and shall continue her education residing along with her parents at `No.2/2, Sreenivas Street, Egmore, Chennai-8'. (2) After she completes her course or on attainment of 21 years (21/4/2011), the petitioner and the alleged detenue Ms.Swetha shall start their matrimonial life and live together on mutual consent. (3) Until then, there shall be no contact between the petitioner and the alleged detenue except over the telephone. Ms.Swetha can be contacted by the petitioner at her Cell Phone No.09894117460 on all Sundays between 6 p.m. and 7 p.m. (4) Ms.Swetha shall be at liberty to contact the petitioner at any time that she wants. Change of address of residence or telephone number shall be intimated promptly to the petitioner from time to time by respondents 1 and 2. W.P.(Cri) No. 193 of 2009-S -: 4 :- (5) Ms. Swetha is permitted to leave the Court along with respondents 1 and 2 - her parents ,as desired by her. (6) It is agreed that parties can seek further directions from this Court from time to time if need arises. 5. We are satisfied that this writ petition can, in these circumstances, be allowed to the above extent accepting the above stipulations agreed up on by the parties. We do so. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/ W.P.(Cri) No. 193 of 2009-S -: 5 :-