IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(Crl.).No. 48 of 2010(S) -------------------------- PETITIONER: --------------- THALLERIYAN KUMARAN, S/O.CHOYI, AGED 48, PATTUVAM PO, PATTUVAM AMSOM THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 2. SUB INSPECTOR OF POLICE, THALIPARAMBA POLICE STATION, KANNUR. 3. ARINGALIYAN SANTHOSH, S/O.CHANDRAN(LATE), AGED 35 KAPPUNGARA, VALAKKI, NIDUVALUR PO, SREEKANDAPURAM VIA, THALIPARAMBA TALUK, KANNUR DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.AJITH KRISHNAN FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.48 of 2010 ********************* Dated this the 1st day of July, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by this Court resting with the order dated 01.06.2010. 2. The petitioner had filed this application for issue of a writ of habeas corpus to search for, trace and produce his daughter Rajina, a minor girl (date of birth - 28.05.1992), at the time when the petition was filed. She was missing from 04.01.2010. The police had not traced her and it was at that juncture that this petition was filed by the petitioner. 3. The petition was admitted on 01.02.2010. The alleged detenue was traced by the police on 16.03.2010 and she was produced before this Court on 19.03.2010. From that date onwards, the alleged detenue was sent by this Court along with her parents, ie. the petitioner and his wife. All along, the alleged detenue was counselled and was called upon to take a prudent decision in the matter. Her parents were granted opportunity to counsel, guide and advise the alleged detenue. The matter stood posted finally to this date. W.P(Crl.) No.48 of 2010 2 4. Today when the case is called, the petitioner is present along with his wife and the alleged detenue. The alleged detenue asserts that she wants to go with the 3rd respondent. She wants to get married to him. She had sufficient opportunity to be advised and counselled by her parents. But contrary to their advise and counselling, she has taken a firm and definite decision to go with the 3rd respondent and get married to him. 5. The petitioner and his wife submit that they have by now received sufficient opportunity to counsel and guide the alleged detenue, but she does not appear to be amenable to their advise and counselling. In these circumstances, appropriate decision may be taken by the Court, it is submitted. They however submit that they are unable to accept the relationship of the young girl, aged just above 18 years to get married to the 3rd respondent, a widower, who according to them is a person aged above 35 years. He has a child aged 3 ½ years now in his earlier marriage. 6. Conscious of all these circumstances, the alleged detenue, who has been restored to her parents from 19.03.2010, even now asserts that she wants to go with the 3rd respondent. W.P(Crl.) No.48 of 2010 3 7. The 3rd respondent asserts that he is in love with the alleged detenue and that he is willing to marry her. He further asserts that he shall ensure that the alleged detenue continues her education without any interruption. The alleged detenue has now passed Plus Two course and she has already joined the 1st year degree course at Sir Syed College, Thaliparamba. She may not be able to continue her education in this college, but she will continue her education as a private candidate and shall complete her degree course, it is submitted. 8. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under illegal confinement or not. We are now satisfied that the alleged detenue, who, to us, appears to be a strong willed person, is not under any illegal confinement or detention. She has taken a voluntary and informed decision to leave her parents to get married to the 3rd respondent, with whom she is said to be in love. She is an adult woman now and we respect her decisional autonomy. We take note of the plight of the petitioner and his wife. We take note of their submission that they had got enough opportunity to advise and counsel the alleged detenue, the only child of theirs, and now the Court may W.P(Crl.) No.48 of 2010 4 pass appropriate orders after ascertaining the wishes of the alleged detenue. 9. We further take note of the submission of the 3rd respondent and the alleged detenue that they shall get married in accordance with the provisions of the Hindu Marriage Act and shall produce their certificate of marriage issued by the local authority before this Court if some further time is granted. 10. In the result: a) This Writ Petition is dismissed; b) The alleged detenue Rajina, an adult major woman now, who has appeared in Court, is permitted to leave the Court along with the 3rd respondent as desired by her and as agreed by the 3rd respondent; c) We accept the submission of the alleged detenue and the 3rd respondent that they shall produce the certificate of their marriage if some time is given to them. 11. We direct that the case be posted to 20.07.2010 to enable them to get their marriage solemnised and registered and to produce the certificate of marriage; 12. A copy of the marriage certificate shall also be produced to be handed over to the petitioner. W.P(Crl.) No.48 of 2010 5 13. Call on 20.07.2010. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/