IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(Crl.).No. 265 of 2011(S) ---------------------------------------------- PETITIONER(S): --------------------- 1. DIPU.K.T., S/O.SASI, AGED 26 YEARS, NALAMKANDATHIL HOUSE, PALLIKKARA.P.O., PAYYOLI, KOZHIKODE DISTRICT. PIN-673 522. 2. SASI, S/O.KUNHI KELU, AGED 50 YEARS, NALAMKANDATHIL HOUSE, PALLIKKARA.P.O., PAYYOLI, KOZHIKODE DISTRICT. PIN-673 522. BY ADV. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE (RURAL), VADAKARA. 2. THE SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION. 3. THE SUB INSPECTOR OF POLICE, KOYILANDI POLICE STATION. 4. THE SUPERINTENDENT OF POLICE, KANNUR. 5. THE S.I.OF POLICE, NEW MAHE POLICE STATION. W.P.(CRL).NO.265 OF 2011 S 6. ABDUL KADER.A., MARIYA MANZIL, PERINGADI.P.O., NEW MAHE, KANNUR-673 312. 7. SUNAIL, S/O.ABDUL KADER, MARIYA MANZIL, PERINGADI.P.O., NEW MAHE, KANNUR-673 312. R1 TO R5 BY SR. GOVERNMENT PLEADER SHRI C. M. KAMMAPPU. ADV. SRI.SHANAVAS NALAKATH RANDUPURAYIL FOR R6-7 SRI.ANIL.D.KAITHAKKAL FOR R6-7 SRI.K.RAJESH SUKUMARAN FOR R6-7 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.265 OF 2011 S PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF MS. SHAMNA. EXT.P2 TRUE COPY OF THE CERTIFICATE ISSUED BY ARYA SAMAJ DATED 23.5.2011 EVIDENCING SHAMNA'S CONVERSION TO HINDU RELIGION. EXT.P3 TRUE COPY OF THE CERTIFICATE OF MARRIAGE BETWEEN MS. SHAMNA AND THE 1ST PETITIONER DATED 23.5.2011 ISSUED BY ARYA SAMAJ MANDIR. EXT.P4 TRUE COPY OF THE 1ST PETITIONER'S COMPLAINT DATED 24.5.2011 BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 265 OF 2011 S ------------------------------------------ Dated this the 2nd June, 2011 JUDGMENT K.M. Joseph, J. First petitioner is the son of the second petitioner. They seek a Writ of Habeas Corpus for production of Ms. Shamna, daughter of the 6th respondent and who is also the sister of the 7th respondent. 2. According to the petitioners, the first petitioner has married the alleged detenue who has been converted to Hinduism from Islam and there is illegal detention of the alleged detenue by respondent 6 and 7. 3. Today, the alleged detenue was produced. We interacted with her, the second petitioner, his wife, and respondent No.6 and his wife. We also heard the learned counsel for the parties appearing. We allowed respondent No.6, his wife and the 7th W.P.(CRL).NO.265 OF 2011 S 2 respondent to interact with the alleged detenue in the Chambers. 4. The stand taken by the alleged detenue before us is that she would like to go with the first petitioner. She would say that they were indeed married and she has been converted to Hinduism. Of course, she does not exactly say that there is illegal detention. But, at the same time, she reiterates that she does not wish to go with her parents. She insists that she may be allowed to join the first petitioner and to live with him. 5. The alleged detenue is aged 20. In the circumstances of the case, we dispose of the Writ Petition by allowing the alleged detenue to go with the first petitioner. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge W.P.(CRL).NO.265 OF 2011 S 3