IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 473 of 2009(S)
1. RAJENDRAN, AGED 49 YEARS, S/O.PARAMU
... Petitioner
Vs
1. DISTRICT SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. SHEEJU, AGED 24 YEARS,
4. SANTHOSH, S/O.MANI,
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/11/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl).No.473 of 2009
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Dated this the 23rd day of November 2009
J U D G M E N T
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 daughter Ms.Salini aged about 20 years. She was a student
of the third year B.A Degree course in a private tuition center.
She was found missing from 04/11/2009. A complaint was filed
and crime No.809/09 was registered on 05/11/2009 at the
Chadayamangalam police station about her disappearance. As
the alleged detenue was not traced till 16/11/2009, the petitioner
had come to this court with this petition on 16/11/2009.
2. This petition was admitted on 18/11/2009 and notice
was ordered to the respondents.
3. Today when the case was called, the petitioner is
present before court along with his wife and daughter. He is
represented by his counsel. Respondents 3 and 4 are present.
They are cousins. Along with the 3rd respondent, the alleged
detenue has also come to court. As the alleged detenue comes
from the custody of the 3rd respondent, we permitted her to
remain in the chamber without opportunity for anyone to
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influence her. Her parents and sister, that is the petitioner, his
wife and the younger child of the petitioner were permitted to
interact with the alleged detenue in the chamber. The alleged
detenue was permitted to remain in the chamber till we
commenced in camera sitting after lunch. We interacted initially
with the alleged detenue separately and later along with her
parents and sister. Subsequently, we interacted with all
concerned including the 3rd respondent. The learned counsel for
the 3rd respondent and the learned Government Pleader were
also present in court.
4. The alleged detenue before us categorically stated
that she is aged above 20 years, she having been born on
25/5/1989. She and the 3rd respondent were in love. She had
left her parental home voluntarily and has got married to the 3rd
respondent in accordance with the customary Hindu rites at the
Pathirimuttam Sreekrishna Swami Kshethram, Alanchery on
04/11/2009. A certificate issued by the Secretary of the temple
is produced. It is further submitted that steps have already been
taken to get the marriage registered before the local authority.
It is submitted by the alleged detenue and the 3rd respondent
that they have started to live as legally married man and wife.
The alleged detenue asserted that she does not want to return to
her parents; but wants to go along with the 3rd respondent
W.P.Crl No.473/09 3
herein. The alleged detenue and the 3rd respondent, after their
marriage, had surrendered before the learned Judicial First
Class Magistrate Court, Kottarakkara on 16/11/2009 and the
learned Judge, on being satisfied that their marriage had taken
place, had permitted the alleged detenue to go with the 3rd
respondent as desired by her. The alleged detenue and the 3rd
respondent agree that the 3rd respondent, who is now a student
of the 3rd year Degree course, shall complete her education and
shall do the needful to acquire a degree.
5. After their interactions with the alleged detenue, the
petitioner and his wife are now convinced that there is no
element of illegal detention or confinement. They submit before
court that the alleged detenue can be permitted to choose
whatever course she wants to. If she is willing to go with the
petitioner, he and his wife are willing to take her to their house.
6. The petitioner submits that if the alleged detenue
does not want to come with the petitioner and his wife, the court
may be pleased to direct the 3rd respondent and the alleged
detenue to furnish to them a copy of the marriage certificate
after the same is registered with the local authority. The 3rd
respondent and the alleged detenue agree to hand over copy of
such certificate to the Chadayamangalam police within a period
of seven days from this date.
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7. After our interactions with the parties concerned, we
are satisfied, (and the petitioner himself accepts the same) that
the alleged detenue is not under the illegal confinement or
detention of the 3rd respondent. The marriage between the 3rd
respondent and the alleged detenue has allegedly taken place.
The alleged detenue is aged above 20 years. We are satisfied
that no further directions need be issued in this writ petition.
8. This writ petition is, in these circumstances,
dismissed. The alleged detenue is permitted to return from
court along with the 3rd respondent as desired by her and as
agreed by the petitioner and his wife.
9. We accept the undertaking of the 3rd respondent and
the alleged detenue that certificate to prove registration of
marriage with the local authority shall be furnished to the
petitioner through the police authorities within a period of seven
days from this date.
10. This writ petition is accordingly dismissed.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr // True Copy// PA to Judge
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R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009