IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(Crl.).No. 458 of 2008(S) PETITIONER: DEVASYA, AGED 54 YEARS, S/O.MATHEW, RESIDING AT VETTATHU HOUSE, PERINGAVUR P.O., THRISSUR. BY ADV. SRI.JOHNSON GOMEZ SRI.JOHNSON GOMEZ RESPONDENTS: 1. THE DISTRICT SUPERINTENDENT OF POLICE THRISSUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE VEEYOOR POLICE STATION, THRISSUR DISTRICT. 3. MILAN, RANDAMPUZHAKKAL, PERINGAVUR P.O.,THRISSUR DISTRICT. 4. BALAN, RADAMPUZHAKKAL, PERINGAVUR P.O.,THRISSUR DISTRICT. 5. MOHINI.R.,W/O.BALAN, RANDAMPUZHAKKAL,PERINGAVUR P.O., THRISSUR DISTRICT. R3 TO R5 BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT BEFORE THE FIRST RESPONDENT ON 9.12.2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- W.P.(CRL.) NO. 458 OF 2008 ------------------------------------------------------------- Dated this the 19th December, 2008 JUDGMENT Kurian Joseph, J. This Writ Petition is at the instance of a father alleging that his daughter Roshmin Sebastian has been illegally detained by the third respondent. Smt.Roshmin Sebastian and the third respondent are present before us. The petitioner and his wife are also present. It is brought to our notice that the third respondent and Smt.Roshmin Sebastian are duly married under the provisions of the Special Marriage Act on 13.3.2008. Smt.Roshmin Sebastian submits that she is not in the illegal custody of her husband or anybody else and that she is living happily with her husband. We had provided an opportunity to Smt.Roshmin Sebastian to interact with her parents. Though the parents requested Smt.Roshmin Sebastian to go and stay with them at least for ten days, she submitted that if her parents are willing to take her husband also with her, she is prepared to go. That suggestion is not acceptable to the petitioner. Since Smt.Roshmin Sebastian is not in the illegal W.P.(CRL.) NO. 458 OF 2008 :: 2 :: custody of the third respondent, there is no merit in the Writ Petition. The Writ Petition is, therefore, dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/