IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(Crl.).No. 326 of 2009(S) --------------------------- PETITIONER(S): --------------- ANIL KUMAR.V.S., AGED 25 YEARS, S/O.SASIDHARAN, VENGATTOOR HOUSE, KUMPALAMPOYKA POST, VALLIYANI, PATHANAMTHITTA. BY ADV. SRI.IEANS.C.CHAMAKKALA SRI.V.V.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA. 3. THE STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION. 4. AZIZ, AGED ABOUT 50 YEARS, MARUTHIMOOTTIL HOUSE, CHENGARA P.O., PATHANAMTHITTA DISTRICT. ADV. SRI.RAM MOHAN.G. FOR R4 SRI.G.P.SHINOD FOR R4 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.326 of 2009 ---------------------------------------- Dated this the 18th day of August 2009 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 Ms.Jesna who, the petitioner claims, is his legally wedded wife. 2. The petitioner alleges that Jesna aged19 years (date of birth : 01/02/1990) is a student of B.Sc Nursing Course (2nd Year). According to the petitioner, the petitioner and the said Jesna were in love and they had agreed to get married to each other. Their marriage was solemnised and registered in accordance with the provisions of the Special Marriage Act on 22/7/2009. Ext.P1 is the copy of a certificate issued by the Marriage Officer to evidence such marriage. Even admittedly, though the marriage has been registered, the parties to Ext.P1 have not lived as husband and wife. According to the petitioner, Jesna, his wife, was being illegally detained by the 4th respondent, her father. W.P.Crl No.326/09 2 3. This petition was filed on 14/8/2009 and it was admitted on the same day. Notice was issued to the respondents. Today, when the case was called, the petitioner and his counsel are present. The 4th respondent and his counsel are present. Along with the 4th respondent and his wife, the alleged detenue, Ms.Jesna has also come to court. In the court, Ms.Jesna told us that she is 19 years old and is a student of the Nursing course. To a specific query by us, she stated that she does not want to have any interactions with the petitioner herein. As Ms.Jesna comes from the custody of the 4th respondent, we permitted her to remain in the chamber without being influenced by anyone. After 1.45 p.m, we interacted with Ms.Jesna in the chamber. She asserted before us that though she had signed certain documents at the Registrar's office, she did not know that any marital tie was being created thereby. She asserted that she is not under detention or confinement by anyone. She stated that she does not want to have any relationship with the petitioner in future. To a pointed query by this court, Ms.Jesna stated that she wants to leave the court along with her parents. She repeated these assertions in the presence of the petitioner, the learned counsel for both sides and W.P.Crl No.326/09 3 the learned Government Pleader. 4. We are satisfied that Ms.Jesna is not under the illegal detention or custody of anyone. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition. 5. This writ petition is accordingly dismissed. As desired by Ms.Jesna, she is permitted to return from court along with the 4th respondent, with whom she has come to court today. 6. In the course of the interactions with the parties, we find the possibility of a harmonious settlement. Both sides pray for time to work out the details. 7. Call this petition again on 25/8/2009. If the parties are not able to work out a settlement between them, they shall be referred to a mediator on that day. Inform the Nodal officer, who shall make the services of a mediator available to the parties on 25/8/2009. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.326/09 4 W.P.Crl No.326/09 5 W.P.Crl No.326/09 6 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009