IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(Crl.).No. 279 of 2011(S) ----------------------------------------------- PETITIONER(S): --------------------- RAJANI ,W/O. SREEDHARAN, RAJ BHAVAN, CHORODE EAST CHORODE PO, VADAKARA, KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------------- 1. STATE OF KERALA REP BY THE SECRETARY HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 695 001. 2. DISTRICT SUPERINTENDENT OF POLICE TRICHUR.680 001. 3. ANUP P.H, S/O.HANEEFA P.H, PALAYAMKODE HOUSE, KOORKANCHERRY,TRICHUR.680 041. R1 & R2 BY SR. GOVERNMENT PLEADER SHRI C. M. KAMMAPPU. ADV. SRI.C.A.ANOOP FOR R-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.279 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER'S MOTHER DATED 24.5.2011. EXT.P2 TRUE COPY OF THE MEDICAL ADVICE ISSUED BY DR. MOHAN DATED 27.4.2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(Crl.).No. 279 of 2011 S ------------------------------------------ Dated this the 15th June, 2011 JUDGMENT K.M. Joseph, J. Petitioner is the mother of the alleged detenue, Chandni Sreedharan. The alleged detenue is her daughter. 2. Allegation of illegal detention is made against the third respondent. According to the petitioner, when she came to know that the third respondent had taken steps to marry her daughter under the Special Marriage Act by giving notice, she filed Ext.P1 objection. Petitioner relied on Ext.P2 which is the true copy of the Medical Advice given by the Doctor. We have interacted with the alleged detenue, the petitioner, petitioner's mother and also the third respondent. 3. We had already passed an interim order dated 9.6.2011. Therein, we had noted that according to the alleged detenue, she is W.P.(Crl.).No. 279 of 2011 S 2 married to the third respondent as per the Hindu rites. We had also noted that the period of thirty days has expired after giving notice under the Special Marriage Act. We had directed the alleged detenue to reside in a hostel with opportunity for interaction being given. We had also directed a psychiatric evaluation. 4. The Report is made available. Today, we have interacted again with the petitioner and the alleged detenue. The alleged detenue would submit that she wants to reside with the third respondent. 5. There is no dispute that Ext.P1 objection is filed. Learned counsel for the petitioner would submit that the petitioner will withdraw Ext.P1 objection. We record the said submission. 6. In such circumstances, we dispose of the Writ Petition as follows: The alleged detenue will reside in the Shanthi Nikethan Hostel, Pachalam, Ernakulam for today also. She will be accompanied to the hostel by a Woman Police Constable not in W.P.(Crl.).No. 279 of 2011 S 3 uniform. Tomorrow, she will be free to go for the purpose of getting the marriage registered under the Special Marriage Act. Post this case on 22.6.2011 for production of the Marriage Certificate under the Special Marriage Act. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge W.P.(Crl.).No. 279 of 2011 S 4