IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(Crl.).No. 510 of 2011(S) ------------------------------------ PETITIONER: ------------------ LIJU S, S/O.SASIDHARAN K, AGED 30 YEARS, RESIDING PERMANETLY AT RAMAVILASOM, PALATHARA, THATTAMALA P.O., KOLLAM-691 020. BY ADV. SRI.NIRMAL V NAIR SRI.SURAJ.S SMT.ARATHI ASHOK SRI.K.RAJAGOPAL RESPONDENTS: ---------------------- 1. SUPERINTENDENT OF POLICE, ERNAKULAM(RURAL), ALUVA-688001. 2. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM CIRCLE, KOTHAMANGALAM, ERNAKULAM-686 691. 3. SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION, ERNAKULAM DISTRICT-686 693. 4. ABDUL REHMAN, RESIDING AT KAMMATTATHIL(HOUSE), C/O.HOTEL BISMILLA, NERIAMANGALAM P.O., NELLIMATTOM VIA,VILLANCHIRA-686693. R1-3 BY SR. GOVT. PLEADER SRI.T.RAMAPRASAD UNNI THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ----------------------------------- W.P(Crl.).No.510 OF 2011 ------------------------------------ Dated this the 8th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.The 4th respondent is present before us. His daughter, the alleged detenue has come with him. We spoke to her. We find that she is well oriented and comprehends the issues touching her life. We spoke to the petitioner. We find that his offer to the alleged detenue that he would marry her is not merely a superficial suggestion. Therefore, we also spoke to the girl Shajitha about Ext.P1 notice of marriage under the Special Marriages Act. She says that it was voluntarily signed by her. She is aged 25 years and the petitioner is aged 30 years. While Shajitha is a Muslim by religion, the petitioner Liju is a Hindu. The marriage between them can be legitimately had only under the provisions of the Special Marriages Act. Therefore, issuance WPCR.510/11 2 of Ext.P1 is only to be accepted since it has been issued with free consent and with due intention to get married. 2.The petitioner and Shajitha are graduates in Commerce. Shajitha is undergoing course to become a Chartered Accountant. The petitioner is also awaiting completion of his course and writing a few papers for Chartered Accountancy. He works and earns for himself. He says that he has means to maintain Shajitha as he is working as an Audit Manager in a Chartered Accountancy firm in Ernakulam. We record this submission. 3.Having recorded that the petitioner and Shajitha intend to marry and that they are free persons, we do not find that Shajitha is in illegal detention as of now, as alleged. 4.We would further record that we are exceptionally appreciative of the 4th respondent, the father of Shajitha. He, who had a tea shop and is hoping to open up a small WPCR.510/11 3 hotel for himself, brought up his 4 daughters, appropriately educating them. Two elder ones are married. The eldest son-in-law is before us. The eldest daughter is educated up to graduation, though she remains now as a house wife. Her husband works in a co-operative bank in Munnar. The second one is a B.Ed. graduate. Her husband is also a B.Ed graduate. They off and on work as against temporary vacancies. Shajitha is the third. The 4th one is doing her M.Com. Having regard to the efforts shown to have been taken by the 4th respondent in bringing up his four daughters, with no sons, we were inquisitive as to what prompted him to make such provision for the daughters. He candidly told us that having studied only up to third standard, he could not even read the name of a soap and this prompted him to ensure that his daughters do not end with that way. His supportive wife appears to have played her part well in the bringing up of the four daughters. Having regard to the societal situation of these days of gruesome dowry claims and other matters in connection with the WPCR.510/11 4 growth of the girl children, we see, with satisfaction, the exceptional efforts of the parents of Shajitha in bringing her up. This we record in this judgment only to ensure that in the long run, the petitioner, Shajitha and her siblings and in laws, as also the parents of the petitioner and the siblings of the petitioner, will find ways and means to develope a cordial relationship since, ultimately, individuals form the basis of all societies irrespective of caste, creed, colour, religion, sex etc. 5.With the aforesaid, having noted Ext.P1 and the stand taken by the petitioner and Shajitha also, we direct that the petitioner will provide appropriate financial support for her to continue to live either in any hostel or any other place of her choice until the marriage takes place. The petitioner and Shajitha are directed to produce authenticated copy of the marriage certificate following Ext.P1 before the Registrar General of this Court within a period of two months. Copy of WPCR.510/11 5 that certificate will be sent by them appropriately to the 4th respondent also. Having found that the alleged detenue is not now in any illegal detention, this writ petition is ordered in terms of what is aforesaid. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- C.T.RAVIKUMAR, Judge. kkb.9/11.