IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 277 of 2010(S)
1. SATHEESAN.N.V., AGED 51 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. VINOD KUMAR.P.T., S/O.THANKACHAN,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :13/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
**********************
W.P(Crl.) No.277 of 2010
*********************
Dated this the 13th day of July, 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
his daughter Sruthy, aged 21 years (date of birth – 19.10.1988).
She has completed her B.Tech. course. She was missing from
04.07.2010. The petitioner apprehended that the 3rd respondent
was illegally detaining and confining the alleged detenue, his
daughter.
2. This petition was filed on 09.07.2010. It came up
before another Bench. The learned Government Pleader was
directed to take instructions and the matter was posted to this
date.
3. Today when the case is called, the petitioner is
present along with his wife Sreedevi. The 3rd respondent is
present along with his brother in law P.K.Thankachan. The
alleged detenue has come to Court along with the 3rd respondent.
The petitioner is represented by a counsel. The alleged detenue
and the 3rd respondent are not represented by any counsel.
W.P(Crl.) No.277 of 2010 2
4. As the alleged detenue comes to Court along with/in
the custody of the 3rd respondent, who allegedly is detaining her,
we permitted her to remain alone in the Chamber without
opportunity for the 3rd respondent to influence her decision. The
alleged detenue agreed and we permitted the petitioner and his
wife to interact with the alleged detenue.
5. After the lunch recess, we interacted with the alleged
detenue alone initially. Later we interacted with her in the
presence of her parents – the petitioner and his wife. Later we
interacted with the alleged detenue in the presence of the 3rd
respondent and his brother in law. The learned counsel for the
petitioner and the learned Government Pleader were also
present.
6. After our interactions with the parties, we are happy
to note that the parties have come to a harmonious
settlement/agreement. The petitioner and his wife accept and
agree that they are willing to approve the relationship between
the alleged detenue and the 3rd respondent. They only requested
that they may be given opportunity to conduct a formal
engagement ceremony followed by marriage. This, they
requested, only to ensure that there is social acceptability for the
W.P(Crl.) No.277 of 2010 3
relationship between the alleged detenue and the 3rd respondent.
It is brought to our notice that actually on 04.07.2010, the
marriage between the alleged detenue and the 3rd respondent
has been solemnised at the Thirunakkara Sreekrishna Swamy
Kshetram, Kottayam.
7. The alleged detenue and the 3rd respondent agree
notwithstanding their contention that their marriage has already
taken place in accordance with law under the Hindu customary
rites on 04.07.2010, to conduct an engagement ceremony and
later marriage to satisfy the sentiments of the petitioner and his
wife. It is further agreed by the alleged detenue and the 3rd
respondent that the alleged detenue has already completed her
B.Tech. course. It is further submitted that she is awaiting her
B.Tech examination results and that at any rate she will
complete her B.Tech. course and take the degree.
8. We are satisfied, in these circumstances, that as
agreed by all concerned, the following directions can be issued.
Accordingly we are satisfied that this Writ Petition can now be
allowed subject to conditions.
9. In the result:
a) This Writ Petition is allowed;
W.P(Crl.) No.277 of 2010 4
b) As agreed by both sides, the following directions are
issued:
i) The alleged detenue Sruthy shall today return from
Court along with her parents – the petitioner and his wife;
ii) On or before 02.08.2010, an engagement ceremony
and a marriage ceremony shall be conducted by the petitioner
and his wife to gain social acceptability for the marriage between
the alleged detenue and the 3rd respondent;
iii) Till such marriage ceremony is performed, the alleged
detenue shall reside with her parents. During this period, the 3rd
respondent shall be at liberty to contact the alleged detenue over
telephone. If the alleged detenue so desires, the petitioner and
his wife agree that she can meet the 3rd respondent at any
neutral venue – ie. not at the house of the petitioner nor at the
house of the 3rd respondent.
10. All parties agree that compliance with the above
directions shall be reported to this Court on 02.08.2010. We
record further submission of the alleged detenue and the 3rd
respondent that this agreement will not in any way adversely
affect their contention that they have already got married to
each other and are legally wedded husband and wife consequent
W.P(Crl.) No.277 of 2010 5
to the marriage between them that had taken place on
04.07.2010 at Thirunakkara Sreekrishna Swamy Kshetram,
Kottayam.
11. The learned Government Pleader submits that all
further proceedings in Crime No.1096 of 2010 of Ernakulam
Town South Police Station shall be brought to termination by the
police in the light of the stand taken by the 3rd respondent and
the alleged detenue.
12. Call on 02.08.2010.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/