IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(Crl.).No. 219 of 2010(S) --------------------------- PETITIONER : --------------- ABBAS V.A., AGED 23 YEARS, S/O. ABDUL RAZAK, VADAKKEDATH HOUSE, KATTIKUNNU, CHEMPU P.O., VAIKOM-686 615. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS: --------------- 1. RAMLA ASHRAF, W/O. ASHRAF, ABINZ MANZIL, KATTIKUNNU, CHEMPU P.O., VAIKOM-686 615. 2. SUB INSPECTOR OF POLICE, VAIKOM. 3. SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.C.DEVANAND FOR R1 SRI.M.D.SUNI FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.219 of 2010 ********************* Dated this the 18th day of June, 2010 JUDGMENT 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 the alleged detenue Ms.Apsiya, aged 21 years (date of birth - 12.04.1989). She has completed her B.Com. decree course, in which she is awaiting her results. According to the petitioner, he is in love with the alleged detenue Apsiya. They have decided to get married. Notice has already been given under the Special marriage Act on 22.04.2010. The parents of the alleged detenue Apsiya do not approve the relationship between the petitioner and the alleged detenue. The father of the alleged detenue is employed abroad. The mother of the alleged detenue, ie. the 1st respondent, is illegally detaining and confining the alleged detenue. She is not permitted to come out and have interactions with the petitioner. She is not being permitted to proceed to the office of the Marriage Registrar to get the marriage registered. It is, in these circumstances, that the petitioner has come to this Court with this petition on 10.06.2010. W.P(Crl.) No.219 of 2010 2 2. This petition was admitted on 11.06.2010. Notice was ordered to the respondents and the case was posted to this day. 3. Today when the case is called, the petitioner along with his counsel was present in Court. The 1st respondent along with the alleged detenue has come to Court. As the alleged detenue comes from the custody of/along with the 1st respondent, who is allegedly detaining and confining her, we permitted the alleged detenue to remain alone in the Chamber with opportunity for no one to interact with her. The petitioner claimed an opportunity to speak to the alleged detenue. We ascertained the response of the alleged detenue in court. The alleged detenue stated before us that she does not want to interact with the petitioner. 4. After lunch recess, we interacted with the alleged detenue alone in the Chamber initially. We are informed that the petitioner was disappointed and frustrated by the response of the alleged detenue that she does not want to speak to him. It is said that he had suffered some injury and he has been taken to the hospital. We interacted with the alleged detenue later in the presence of the counsel for the petitioner, Ms.Viju Thomas and W.P(Crl.) No.219 of 2010 3 Ms.Meena John. The learned counsel for the 1st respondent and the learned Government Pleader were also present. 5. The alleged detenue stated before us categorically that she is not under any illegal detention or confinement of anyone. She admitted that she knows the petitioner. But according to her, she does not now want to have any marital relationship with the petitioner. She admits that she had friendship with the petitioner, but she is emphatic that she does not now want to get married to him. To a pointed query by this Court as to whether she would like to return from Court along with the petitioner or the 1st respondent, she asserted that she wants to go along with her mother, the 1st respondent. 6. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal confinement or detention. We are convinced that she is not. We take note of her assertion that she does not want to have any marital relationship with the petitioner without the consent of her parents. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. W.P(Crl.) No.219 of 2010 4 7. In the result: a) This Writ Petition is dismissed; b) The alleged detenue Ms.Apsiya is permitted to leave the Court along with the 1st respondent as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/