IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 300 of 2010(S)
1. SALAHUDEE, J.S.VILLA, CHANDAVILA,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. SUB INSPECTOR OF POLICE, POTHENCODE
3. KICHU S/O WILSON AGED 18 YEARS,
4. WILSON, AROMA, PUTHUKURUCHI,
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :29/09/2010
O R D E R
R.BASANT & M.L.JOSEPH FRANCIS, JJ.
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W.P(Crl) No.300 of 2010
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Dated this the 29th day of September, 2010
JUDGMENT
BASANT, J.
This judgment must be read in continuation of the earlier
orders passed by this Court resting with the orders dated
27.07.2010 and 18.08.2010. The alleged detenue is a young girl,
aged 17 years, Amina by name (date of birth – 05.12.1992). She
was allegedly found to be missing and the petitioner, her father,
alleged that the 3rd respondent, a young boy, aged 18 years, in
collusion with his father – the 4th respondent, is detaining and
confining her illegally.
2. The petitioner, the alleged detenue and respondents 3
and 4 appeared before Court on 27.07.2010. As agreed by all
concerned, certain directions were issued on that day.
3. From that date, the alleged detenue is continuing to
reside along with her parents. There is a dispute between the
alleged detenue and her parents about her precise date of birth.
She asserts that she was born on 05.12.1991; whereas her
parents assert that her date of birth is 05.12.1992. The S.S.L.C
book relating to the alleged detenue shows her date of birth as
W.P(Crl) No.300 of 2010 2
05.12.1992 admittedly. Even though time has been granted to
both sides to produce the birth certificate, the birth certificate
has not been produced so far. The 3rd respondent has not
attained the age of 21 years so far admittedly and, in these
circumstances, there cannot be a legal marriage between the
alleged detenue and the 3rd respondent. The alleged detenue has
accepted the undertaking of her parents that she shall not be
given away in marriage till she attains the age of 18 years to
anyone and that even thereafter she will not be given away in
marriage to anyone without her consent. Both parents of the
alleged detenue have filed an affidavit dated 06.08.2010 to that
effect before this Court. The 3rd and 4th respondents have not
been appearing before this Court after 27.07.2010. We are
satisfied, in these circumstances, that it is not necessary to wait
any longer to ascertain the correct date of birth of the alleged
detenue. The alleged detenue states before us that she is happy
now to reside with her parents. We make it clear that both the
parents of the alleged detenue have agreed and accepted that
the alleged detenue shall not be given away in marriage till she
attains the age of majority, ie. 18 years on 05.12.2010 as per the
date of birth in the S.S.L.C book and that even thereafter, she
W.P(Crl) No.300 of 2010 3
shall not be given away in marriage to anyone without her
consent.
4. In the result:
a) This Writ Petition is allowed;
b) The alleged detenue Amina is permitted to leave the
Court along with the petitioner and his wife, her parents, as
desired by her.
(R.BASANT, JUDGE)
(M.L.JOSEPH FRANCIS, JUDGE)
rtr/