IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(Crl.).No. 138 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------- 1. LENEESH P.S., S/O.SUBRAN, AGED 28 YEARS, POTTAKKAL HOUSE, MONUDY DESAM, VELLIKULANGARA P.O. CHALAKKUDY, THRISSUR DISTRICT. 2. SUBRAN, S/O.SANKARAN, AGED 61 YEARS, POTTAKKAL HOUSE, MONUDY DESAM, VELLIKULANGARA P.O. CHALAKKUDY, THRISSUR DISTRICT. BY ADVS. SRI.P.R.SREEJITH, SRI.M.PROMODH KUMAR. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KUZHALMANNAM. 3. THE SUB INSPECTOR OF POLICE, KUZHALMANNAM POLICE STATION, KUZHALMANNAM. 4. SULAIMAN E.M., E.K.S.HOUSE, PILAPPULLY HOUSE, PARUTHIPULLY P.O., PALAKKAD-678 573. R1 TO R3 BY GOVERNMENT PLEADER SRI. SANDESH RAJA R4 BY ADV. SMT. A.G. ANEETHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(Crl.)No.138/2010 S APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BIRTH CERTIFICATE OF MS.SHAJEERA. P2: COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF MS. SHAJEERA. P3: COPY OF THE NOTICE OF INTENDED MARRIAGE DTD. 29/03/2010 GIVEN BY MS. SHEJEERA AND THE 1ST PETITIONER. P4: COPY OF THE FEE SLIP DTD. 29/03/2010 ISSUED BY THE MARRIAGE OFFICER, KODALI SUB DISTRICT. P5: COPY OF THE RENT AGREEMENT SIGNED ON 6/04/2010 BY THE 1ST PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN & P.N. RAVINDRAN, JJ. ........................................... W.P.(Crl)NO.138 OF 2010 ............................................. Dated this the 20th day of April, 2010. J U D G M E N T Siri Jagan, J: Petitioners are son and father. First petitioner claims that he is in love with Ms.Shajeera and they have decided to marry under the Special Marriage Act, for which Ext.P3 notice of marriage under the Special Marriage Act has been issued. Petitioners now allege that the girl Ms.Shajeera, is in the illegal custody of the 4th respondent, her father. 2. In view of the allegation of illegal custody, we issued notice to the 4th respondent, who has produced the girl before us. We have interacted with the girl. She submitted that although she has signed Ext.P3, that was on account of the incorrect understanding of the situation and now wiser counsel has prevailed over her and she does not want to pursue the marriage with the first petitioner any more. She also submits that she is not under the illegal custody of the 4th respondent and that she is living with her father on her own free will without any compulsion. She also submits that a gold chain belonging to her is in the custody of the : 2 : W.P.(Crl)NO.138 OF 2010 first petitioner and she wants the same back. 3. In view of the above submission, we enquired with the first petitioner as to whether he is in possession of any gold chain belonging to the petitioner. He answered in the affirmative. As directed by us, he has handed over the gold chain to the girl and she affirms that same is the chain belonging to her. In view of the fact that the girl has expressed her desire to go with the parents and that she no longer wants to pursue the marriage initiated by Ext.P3, there is no merit in this writ petition and accordingly this writ petition is dismissed. Consequently, Ext.P3 marriage notice is declared as cancelled. S.SIRI JAGAN, JUDGE. P.N. RAVINDRAN, JUDGE. cl : 3 : W.P.(Crl)NO.138 OF 2010