IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(Crl.).No. 100 of 2008(S) --------------------------- PETITIONER: ------------ JOSEPH KULAVELIL,S/O. OUSEPH AGED 50 YEARS, MARBLE WORK KULAVELIL HOUSE, KUMBALAM DESOM, KUMBALAM VILLAGE BY ADV. SRI.N.C.JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,GOVT. OF KERALA GOVT. SECRETARIATE, THIRUVANANTHAPURAM 2. SUPERINTENDENT OF POLICE KOLLAM DISTRICT 3. SUPERINTENDENT OF POLICE ALUVA RURAL, ERNAKULAM DISTRICT 4. SARATH MOHAN, S/O. MOHANAN AGED ABOUT 20 YEARS,MOHANAVILAS, MARTHOMA CHURCH ROAD, CHALAKKODE, NEAR RATION KADA MUKU, PUNALOOR P/.O. R1 TO R3 BY GOVT.PLEADER SRI C.M.KAMMAPPU R4 BY ADV. SRI.R.ARUN RAJ THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(CRL).NO.100/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF FEE RECEIPT DTD. 11/7/2007 ISSUED FROM RAJAGIRI COLLEGE OF SOCIAL SCIENCES, KALAMASSERY TO THE PETITIONER'S DAUGHTER IN HER B.S.W. COURSE. EXT.P2 TRUE COPY OF HOSTEL FEE RECEIPT NO.3634 DATED 10/3/08 OF NIRMALA HOSTEL, RAJAGIRI, KALAMASSERY. EXT.P3 TRUE COPY OF F.I.R. DATED 19/3/2008 REGISTERED BY S.I. OF POLICE, KALAMASSERY POLICE STATION. True Copy P.S.TO JUDGE P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 100 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF APRIL, 2008. J U D G M E N T Raman, J. The alleged detenue Ms. Jessy Joseph appeared before us. We interacted with her. She is a major. She submitted that she is not under the illegal custody of anybody as alleged in the writ petition. 2. We have also interacted with the mother of the alleged detenue, the petitioner, as well as the parents of the 4th respondent. The parents of the 4th respondent are prepared to conduct the marriage of the alleged detenue Ms. Jessy Joseph, with the 4th respondent on the 4th respondent completing the age of 21 years, in the month of September, 2008. They have also stated that they are prepared to take care of the alleged detenue as their daughter-in-law. The alleged detenue Jessy Joseph submitted that she is a free person and she is happy with the 4th respondent's parents. 3. Ms. Jessy Joseph, the alleged detenue, being a major, stated before us that she is not under the illegal custody of anybody and in view of the facts and circumstances narrated as above, we declare that Ms. Jessy Joseph is a free person and in case she goes along with the parents of the WP(CRL) 100/2008 :2: 4th respondent, they shall conduct her marriage with the 4th respondent on his completing the age of 21 years. Till then, they shall take care of Ms. Jessy Joseph as a ward under them. The writ petition is closed. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-