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 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(Crl.).No. 480 of 2009(S) --------------------------- PETITIONER : --------------- ANIL KUMAR, S/O. REVI, AGED 26 YEARS, PUTHUVAL PUTHEN VEEDU, PARUTHIKUZHI, MANACAUD.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENTS : --------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, NIDRAVILA POLICE STATION, KANYAKUMARI DISTRICT. 3. CHANDRIKA, VICHITHRA BHAVAN, KIZHAKKE KALINGA RAJA PURAM, KANJAMPURAM.P.O, KANYAKUMARI DISTRICT. BY PUBLIC PROSECUTOR SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.480 OF 2009 ----------------------------------------------------- DATED THIS THE 26th DAY OF NOVEMBER, 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.Vichithra, daughter of the 3rd respondent. According to the petitioner, he and the said Vichithra, the alleged detenue were in love. They have decided to get married. According to him, on 22.8.2009 - at a time when the girl was admittedly below the age of 18 years, they had decided to get married and had performed some functions at a local temple. That marriage has admittedly not been registered. According to the petitioner, Ms.Vichithra had promised him that she will go with him after she attains the age of 18 years. From 19.8.009 to 23.8.2009, the petitioner and the alleged detenue have been together. It is during that time that the ceremonies were allegedly performed on 22.8.2009. As stated earlier, the alleged marriage has not been registered. 2. According to the petitioner, on 23.8.2009, the alleged detenue was taken away by the 3rd respondent from the Nidravila W.P.(Crl.)No.480/09 -2- Police Station. Thereafter she is continuing in the custody of the 3rd respondent. The 3rd respondent is actually the second wife of the uncle of the petitioner. After the death of his first wife, the petitioner's uncle had married the 3rd respondent. For the 3rd respondent also this was the second marriage, her husband having expired earlier. The alleged detenue is born to the 3rd respondent in her marriage with her deceased husband. 3. This petition was filed on 16.11.2009. It was admitted on 18.11.2009. The case was posted to 24.11.2009. On that day, the alleged detenue was not produced. The case was called at 1.45 p.m. on that day with directions to the 3rd respondent (who had appeared through a counsel on that day) to produce the alleged detenue. On that day, the alleged detenue was not produced and hence the case was posted to yesterday (25.11.2009). But, the 3rd respondent and the alleged detenue did not appear before court yesterday. The learned counsel for the 3rd respondent reported no instructions and accordingly, the case was posted to this day with specific directions to the police to ensure that the 3rd respondent appears along with her daughter, the alleged detenue before Court today. W.P.(Crl.)No.480/09 -3- 4. Today when the case is called at 1.45 p.m. in the Chamber, the 3rd respondent is present along with her daughter. A counsel has today entered appearance for her. Her previous counsel has reported no instructions yesterday and has relinquished vakalath. The alleged detenue is brought to Court. The petitioner is present along with his mother. His counsel is also present. 5. We interacted with the alleged detenue alone initially. Later, we interacted with her in the presence of her mother. Subsequently, we interacted with her in the presence of the petitioner and his mother. Counsel for both sides as also the learned Government Pleader were present. 6. The alleged detenue Ms.Vichithra asserts that she has now completed the age of 18 years, she having been born on 11.10.1991. She admits that she knew the petitioner and she was in love with him. It was decided that they should get married. But, according to her, no legal marriage had taken place. They were together for five days. She was taken by her mother from the Police Station. But according to her, now she is not under any illegal detention or confinement. She is residing W.P.(Crl.)No.480/09 -4- with her mother on her own free will. She is not under any confinement or detention. She does not now want to continue the relationship with the petitioner. She is now convinced that such relationship should not and need not continue. 7. The petitioner who was present and in whose presence we interacted with the alleged detenue, is now satisfied, he asserts, that the girl is not now under illegal custody or detention of anyone. According to him, he was under the bona fide impression, on the basis of telephone calls received by him from the allged detenue, that she was under illegal confinement. It is that impression which prompted him to file this Writ Petition. He did not want to cheat a girl who was in love with him. He hence wanted to come to her rescue and that is why he filed this petition. Inasmuch as she has now stated before Court that she does not want to continue her relationship with him, he states that he also does not want to continue that relationship. Both shall be at liberty to pursue their chosen part of life without any connections with each other, it is agreed. Both sides agree that there need not be any relationship between them and neither will stake any claim against the other. The petitioner submits some W.P.(Crl.)No.480/09 -5- photographs are available in the Police Station and he prays that the photographs may be destroyed. The learned Government Pleader undertakes that such photographs if any shall be destroyed by the police as requested by both sides. These submissions and undertakings are recorded. The petitioner most graciously agrees that some of the articles of the alleged detenue are still available with him. He admits that he has a diary as also some certificates, books, dresses, etc. and that all those shall be returned to the alleged detenue through the counsel for the parties by 02.12.2009. That submission is also recorded. 8. We are now satisfied that this Writ Petition can be dismissed, as agreed. No further directions are necessary. The alleged detenue Ms.Vichithra is permitted to leave the Court along with her mother, as desired by her. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn