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 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(Crl.).No. 214 of 2010(S) --------------------------- PETITIONER(S): --------------- GEORGE ABRAHAM, VETTUPARAMBIL HOUSE, IYEKAD, THIRUVALLA, PATHANAMTHITTA - 689 101. BY ADV. SRI.V.G.ARUN SRI.JAIBY PAUL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. THE SUPERITNENDENT OF POLICE, PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.214 of 2010 ---------------------------------------- Dated this the 11th day of June 2010 J U D G M E N T Basant,J The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Sherin Mary George, aged 20 years (date of birth : 27/11/1989). She is a student of the second year B.D.S course at Pushpagiri Medical/Dental College, Thiruvalla. The alleged detenue has been missing from 03/06/2010. The petitioner apprehended that his daughter was kidnapped/abducted and illegally detained by some persons. It is accordingly that he came to this Court with this petition on 08/06/2010. 2. This petition was admitted on 08/06/2010. The learned Government Pleader took notice. The case was posted to this date. 3. Today when the case is called, the petitioner along with his wife and his brother-in-law, Sri.Baby Cherian are present. He is represented by their counsel. W.P.(Crl)No.214/10 : 2 : 4. The learned Government Pleader reports that the police had traced the alleged detenue on 07/06/2010 in connection with crime No.681/2010 at Thiruvalla police station. She was produced before the learned Magistrate on 07/06/2010. The learned Magistrate, on being satisfied that she is not under any illegal detention or confinement had allowed her to go along with one Vinod Raman. 5. Today she has come to court along with the said Vinod Raman. The father and mother of Sri.Vinod Raman are also present. It is submitted that marriage between the alleged detenue Sherin Mary George and Sri.Vinod Raman has taken place on 24/11/2009 at the Mekkadambu Amballoor Shivakshethram. A certificate to that effect is produced. A marriage certificate issued by the Kerala Viswakarma Sabha (KVS) to confirm that such a marriage has taken place is also produced. 6. As the alleged detenue comes to court in the custody of / along with the said Vinod Raman and his parents, we insisted that the alleged detenue must remain alone with opportunity for noone to influence her till we ascertain her response. The W.P.(Crl)No.214/10 : 3 : petitioner and his wife sought an opportunity to interact with their daughter. Accordingly, we permitted the parents of the alleged detenue to interact with her. Such interaction was permitted in the chamber. 7. After the lunch recess at 1.45 p.m, we interacted with the alleged detenue alone initially. Later, we interacted with her in the presence of her parents. Subsequently, we interacted with Sri.Vinod Raman. The parents of Sri.Vinod Raman were also present. The brother-in-law of the petitioner Sri.Baby Cherian was also present. The learned counsel for the petitioner, the learned counsel for the alleged detenue and the learned Government Pleader were also present. 8. The alleged detenue stated before us categorically that she is not under any illegal detention or confinement. According to her, she has married Sri.Vinod Raman and she wants to go along with him. Sri.Vinod Raman and his parents agree that the alleged detenue and Vinod Raman have already got married. They submit that they are willing to look after the alleged detenue as the wife of Vinod Raman and shall do everything possible to give her a happy and harmonious life. W.P.(Crl)No.214/10 : 4 : Since there has been no valid marriage between Sri. Vinod Raman and the alleged detenue, who belong to different communities, it is agreed that they shall now get their marriage solemnised and registered under the provisions of the Special Marriage Act. The parents of the alleged detenue requested the alleged detenue to go with them. They wanted the alleged detenue to somehow complete her B.D.S course so that she will acquire the requisite qualification and be able to look after herself and stand on her own feet. The alleged detenue adamantly refuses to accept this request. 9. After prolonged interaction with the help of their counsel, we find that there is some sort of understanding and agreement emerging. Accordingly, we record the following points which is agreed upon by all concerned. i) The alleged detenue shall, today, leave the court along with Sri. Vinod Raman, S/O. Sri.C.K.Raman, Cholattu house,Pangode P.O., Kunnathunadu, Ernakulam district and shall reside with Sri. Vinod Raman and his parents. ii) Steps shall immediately be taken to get the marriage of the alleged detenue and Sri. Vinod Raman solemnised and W.P.(Crl)No.214/10 : 5 : registered under the provisions of the Special Marriage Act. The alleged detenue, Sri. Vinod Raman and his parents agree that Sri. Vinod Raman shall continue to observe his religious rites and practices as a Hindu and the alleged detenue will continue to observe her religious practices and rites as a Christian. iii) The case can be posted to a date after 30 days, on which day, the alleged detenue and Sri. Vinod Raman shall produce marriage certificate to confirm that their marriage has been solemnised and registered under the Special Marriage Act. iv) Sri. Vinod Raman, his parents and the alleged detenue assure the petitioner and his wife that the alleged detenue shall, from 14/6/2010 onwards, attend the B.D.S course and shall complete the B.D.S curse at the Pushpagiri Medical/Dental College, Thiruvalla. All expenses for her residence, transport etc. shall be borne by Sri. Vinod Raman and his parents. The petitioner agrees to pay the fees, that is payable to the college alone, to enable the alleged detenue to complete her course and take the B.D.S degree. Sri. Vinod Raman agrees that appropriate arrangement shall be made to ensure that the W.P.(Crl)No.214/10 : 6 : alleged detenue is accommodated at a appropriate place where she can attend her college conveniently. 10. In the result, this writ petition is dismissed. Call this petition again on 01/08/2010 for production of the marriage certificate. 11. Hand over copy of this order to the learned counsel for the petitioner and the alleged detenue. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.(Crl)No.214/10 : 7 : W.P.(Crl)No.214/10 : 8 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009