High Court Kerala High Court

P.Aneesh vs State Of Kerala on 15 December, 2010

Kerala High Court
P.Aneesh vs State Of Kerala on 15 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 384 of 2010(S)


1. P.ANEESH, S/O.SIVADASAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, SECRETARY,HOME AFFAIRS,
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE SUPERINTENDENT OF POLICE,

4. THE CIRCLE INSPECTOR OF POLICE,

5. THE SUB INSPECTOR OF POLICE,

6. THE UNION OF INDIA, REPRESENTED BY THE

7. CHACKO M., MANI, DIRECTOR

                For Petitioner  :SRI.A.KRISHNAN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :15/12/2010

 O R D E R
           R.BASANT & K.SURENDRA MOHAN, JJ.
                      ***********************
                   W.P(Crl) No.384 of 2010
                  *****************************
           Dated this the 15th day of December, 2010

                           JUDGMENT

BASANT, J.

This judgment must be read in continuation of various

orders passed by this Court resting with our order dated

30.11.2010.

2. 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.Betty Anu Chacko, a young woman now aged

above 24 years (date of birth – 01.05.1986). She is a B.E (Bio

Technology) graduate. She is the daughter of the 7th respondent.

The petitioner and the said Betty Anu Chacko, the alleged

detenue, were in love. Their relationship did not have the

approval of their parents. They belong to two different religions.

On 24.02.2006 vide Ext.P1 certificate of marriage, their

marriage had taken place at the Arya Samaj (Vedic Church),

Kozhikode. Thereafter they are legally wedded spouses. But the

alleged detenue was taken away by her father, the 7th respondent

to his place of employment at Muscat. The petitioner alleged

that the alleged detenue was being illegally detained and

W.P.(Crl.)No.384 of 2010 2

confined by the 7th respondent. According to him, the alleged

detenue had complained to him many times that she was being

illegally detained and confined. The petitioner, in these

circumstances, prayed that a writ of habeas corpus may be

issued to cause the production of the alleged detenue and she

may be permitted to be at liberty and to join him.

3. The alleged detenue was not produced earlier. This

Court had to pass orders from time to time to oblige the 7th

respondent to ensure appearance of the alleged detenue before

Court. On 30.11.2010, it was undertaken by the 7th respondent

that the alleged detenue shall be produced before Court today.

4. Today when the case came up for hearing, the

petitioner is present. He is represented by his counsel. Along

with him, his mother, his brother, his sister and his brother in

law have also come to Court. The 7th respondent is present in

Court along with his son Brian Chacko. The 7th respondent is also

represented by his counsel. A friend of his also accompanies the

7th respondent. The alleged detenue has also been brought to

Court by the 7th respondent.

5. As the alleged detenue comes to Court along with/in

the custody of the 7th respondent, who allegedly is detaining and

W.P.(Crl.)No.384 of 2010 3

confining her, we permitted the alleged detenue to remain in the

Chamber with no opportunity for the 7th respondent to influence

her. In response to her request, we permitted the petitioner to

interact with her during the pre lunch session.

6. After the lunch recess, we interacted with the alleged

detenue alone initially and later in the presence of her father and

brother. Later we interacted with the alleged detenue in the

presence of the petitioner. Subsequently we had interactions

with all concerned jointly. The learned counsel for the petitioner,

the learned counsel for the 7th respondent and the learned

Government Pleader were also present.

7. The alleged detenue states before us categorically

that she is in love with the petitioner. She has already got

married to him. Ext.P1 is the certificate of marriage. She wants

now to join the petitioner and live as husband and wife. The

relatives of the petitioner agree and accept that they recognise

the alleged detenue as the legally wedded wife of the petitioner.

The 7th respondent and his son have reservations and are unable

to accept the decision of the alleged detenue to live as the wife

of the petitioner. But they agree that if that is the decision of the

alleged detenue, they will accept the said decision.

W.P.(Crl.)No.384 of 2010 4

8. The 7th respondent requests and the alleged detenue

and the petitioner accept that notwithstanding the form of a

marriage undergone by the petitioner and the alleged detenue as

evidenced by Ext.P1, they shall take necessary steps to get the

marriage solemnised and registered in accordance with the

provisions of the Special Marriage Act. They agree to produce

the certificate of marriage issued under the Special Marriage Act

if sufficient time is given to them. The petitioner as well as his

mother and siblings accept that they will not stand against the

alleged detenue following her Christian faith if she wants to do

that and that they shall not in any way object to such practices

by her. They further agree that they do not expect to get any

money, ornaments or property on account of this marriage

between the petitioner and the alleged detenue. The alleged

detenue also states that she is aware and she does not want to

claim any money, ornaments or property from her parents on

account of this marriage.

9. In a petition for issue of a writ of habeas corpus, we

are primarily concerned with the response of the alleged

detenue. She does not want this Court to take any action against

her father, the 7th respondent, or other relatives. But she asserts

W.P.(Crl.)No.384 of 2010 5

that she wants to return from Court along with the petitioner.

We are satisfied that the decisional autonomy of the alleged

detenue, an educated woman, aged above 24 years, has got to be

respected by this Court. We do so. We are satisfied that this

Writ Petition can, in these circumstances, be allowed.

10. In the result:

      a)     This Writ Petition is allowed;

      b)     The alleged detenue Betty Anu Chacko is permitted to

leave the Court along with the petitioner as desired by her;

c) The petitioner and the alleged detenue undertake and

agree before us that they shall get their marriage solemnised

and registered in accordance with the provisions of the Special

Marriage Act and produce the marriage certificate before us by

the next date of posting along with a copy thereof to be

furnished to the 7th respondent;

d) We record the submission of the petitioner and other

members of his family that they shall not in any way object to the

alleged detenue following whatever religious practices that she

wants to follow and that they shall not in any way interfere with

such options of the alleged detenue;

W.P.(Crl.)No.384 of 2010 6

e) We record the submission of the petitioner, his mother

and other siblings that they do not expect any property, money

or ornaments from the parents of the alleged detenue and that

there shall be no demands whatsoever from them for such

money, ornaments or property.

11. The alleged detenue is permitted to leave the Court

along with the petitioner. We post the case to 27.01.2011 for

production of the marriage certificate under the Special

Marriage Act. The petitioner and the alleged detenue shall

appear before this Court with the certificate along with a copy

thereof for being furnished to the 7th respondent;

12. Passport of the alleged detenue is handed over to her

by the 7th respondent in our presence. It is submitted that most

of the educational certificates are already in the possession of

the alleged detenue. If anything is left out, the 7th respondent

undertakes to hand over the same to the alleged detenue on the

next date of posting.

(R.BASANT, JUDGE)

(K.SURENDRA MOHAN, JUDGE)
rtr/

W.P.(Crl.)No.384 of 2010 7

W.P.(Crl.)No.384 of 2010 8

R.BASANT & K.SURENDRA MOHAN, JJ.

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W.P(Crl) No.384 of 2010
*****************************
Dated this the 26th day of November, 2010

ORDER

BASANT, J.

Note by the Registry shows that the 7th respondent has

already been served. There is no appearance for the 7th

respondent. The learned Government Pleader submits that no

crime has so far been registered on the allegation that the

alleged detenue is being illegally detained by the 7th respondent.

The learned A.S.G.I submits that he has received instructions

from respondents 6, 8 and 9 and prays for time till 29.11.2010 to

file statement.

2. We accept the request of the learned A.S.G.I. Call on

30.11.2010 for the statement of respondents 6, 8 and 9. A copy

W.P.(Crl.)No.384 of 2010 9

of the statement shall be furnished to the learned counsel for the

petitioner on 29.11.2010.

3. Call on 30.11.2010.

(R.BASANT, JUDGE)

(K.SURENDRA MOHAN, JUDGE)
rtr/

W.P.(Crl.)No.384 of 2010 10

R.BASANT & K.SURENDRA MOHAN, JJ.

—————————————————–

W.P.(Crl.)No.384 of 2010

—————————————————-
Dated this the 24th day of November 2010

ORDER

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

his wife Anu, daughter of the 7th respondent. According to the

petitioner, the petitioner and Anu belong to different religions.

They were in love. They decided to get married. Anu, the

alleged detenue, got converted to Hinduism and the petitioner

and the alleged detenue Anu entered legal matrimony under the

W.P.(Crl.)No.384 of 2010 11

provisions of the Hindu Marriage Act on 24.02.2006. According

to the petitioner, the marriage was solemnised in accordance

with the Hindu customary religious rites of the Arya Samajees at

Arya Samaj Mandir (Vedic Church), Rammohan Road, Calicut on

24.02.2006. According to the petitioner, the spouses were living

together for some period of time. Later, the 7th respondent

pretended to accept the marriage and wanted the alleged

detenue to be permitted to complete her educational course.

Accordingly the alleged detenue was permitted to go with the 7th

respondent. According to the petitioner, subsequently there

have been contacts between the petitioner and the alleged

detenue. The alleged detenue is now being illegally detained

and confined by the 7th respondent, her father at the Sultanate of

Oman. This detention/confinement is against the wishes and

desire of the alleged detenue Anu. The alleged detenue, his

wife, wants to join the petitioner. But her father, the 7th

respondent, is not permitting her to join the petitioner. It is in

this state of helplessness that the petitioner came to this Court

with this petition on 28.09.2010.

2. The matter came up for admission hearing. Initially

the Court was not inclined to admit the Writ Petition. The

W.P.(Crl.)No.384 of 2010 12

petitioner was requested to explain how it can be shown prima

facie that the alleged detenue, his wife, is under illegal detention

and confinement. The matter was adjourned from time to time.

The petitioner ultimately produced Exts.P3 and P4 letters dated

30.09.2010 and 08.10.2010, which are alleged to be in the

handwriting of the alleged detenue. The petitioner has filed an

affidavit to confirm that the writing in Exts.P3 and P4 is the

handwriting of the alleged detenue.

3. In these circumstances, this Writ Petition was

ultimately admitted on 27.10.2010. Notice was ordered to all the

respondents.

4. The learned Government Pleader on behalf of the

police official respondents and the State of Kerala, ie.

respondents 1 to 5, submits that an enquiry by the police

confirms the truth of the assertions made by the petitioner. The

police are satisfied that the marriage between the petitioner and

the alleged detenue had taken place on 24.02.2006. They are

further satisfied that the alleged detenue was taken by the 7th

respondent from the petitioner with his consent on the statement

that she has to complete her education. She was taken abroad

by the 7th respondent on 18.04.2006, submits the learned

W.P.(Crl.)No.384 of 2010 13

Government Pleader on the basis of instructions of the police.

The learned Government Pleader further submits that in the

light of the directions of this Court, the police had attempted to

contact the alleged detenue. It is confirmed that the alleged

detenue and the petitioner are in contact with each other. When

the alleged detenue was contacted by the police, she had also

informed the police that she wants to return to India and join the

petitioner and that she is now not able to come for want of co-

operation on the part of the 7th respondent, her father. She did

not, of course, make any complaints against her father, the 7th

respondent, submits the learned Government Pleader.

5. The petitioner has filed two subsequent applications

as I.A.Nos.14540 of 2010 and 16107 of 2010 to implead two

additional respondents, ie. the Ministry of Foreign Affairs

represented by its Secretary, New Delhi as additional 8th

respondent and the 1st Secretary Embassy of India, Muscat,

Sultanate of Oman as additional 9th respondent. Notice has been

given to the learned A.S.G.I. The learned A.S.G.I has entered

appearance for the 6th respondent, who has already been arrayed

as a party in this Writ petition.

6. We have heard the petitioner, the learned

W.P.(Crl.)No.384 of 2010 14

Government Pleader and the A.S.G.I. We are satisfied that these

I.As can be allowed and additional respondents 8 and 9 can be

impleaded. They are impleaded as additional respondents 8 and

9.

7. The learned A.S.G.I submits that it will be

advantageous if notice were ordered to be issued to the

additional 9th respondent. For respondents 6 and 8, the learned

A.S.G.I straightaway appears. The learned A.S.G.I undertakes to

get instructions from the additional 9th respondent, but prays

that simultaneously, by way of abundant caution, notice of this

Court may be issued directly to the 9th respondent. We accept

the said request of the learned A.S.G.I.

8. The learned Government Pleader submits that he

wants time to make authentic submissions as to whether any

crime has been registered in respect of this episode/incident.

We give the learned Government Pleader time to take specific

instructions on that aspect.

9. The learned counsel for the petitioner submits that

the petitioner has information from the alleged detenue that the

7th respondent has already been served. Note by the Registry

shows that the notice issued to the Bangalore address of the 7th

W.P.(Crl.)No.384 of 2010 15

respondent has been returned. The Registry shall verify the fate

of the notice issued to the 7th respondent, that is of the one

addressed to him at Oman.

10. Call on 26.11.2010 for submissions of the learned

Government Pleader about the registration of the crime and also

for report of the Registry about service on the 7th respondent of

the notice sent in his Oman address. Further directions shall be

issued on 26.11.2010.

11. Hand over a copy of this order to the learned

Government Pleader forthwith.

(R.BASANT, JUDGE)

(K.SURENDRA MOHAN, JUDGE)

rtr/

W.P.(Crl.)No.384 of 2010 16

R.BASANT & M.L.JOSEPH FRANCIS, JJ.

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W.P.(Crl.)No.384 of 2010 17

W.P(Crl) No.384 of 2010
*****************************
Dated this the 27th day of October, 2010

ORDER

BASANT, J.

Heard the learned counsel for the petitioner. Perused the

documents produced and the affidavit filed by the petitioner.

This petition is, in these circumstances, admitted. Notice given

and the learned Government Pleader appears for respondents 1

to 3. Issue notice to respondent No.6. Simultaneously give

notice to the learned A.S.G.I. Issue emergent notice to

respondent No.7 in both addresses shown in the petition. Issue

notice to respondents 4 and 5. The learned Government Pleader

and the learned A.S.G.I shall take instructions.

2. Verify service and call again on 15.11.2010.

(R.BASANT, JUDGE)

(M.L.JOSEPH FRANCIS, JUDGE)

rtr/

W.P.(Crl.)No.384 of 2010 18