IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 193 of 2009(S)
1. RATHEESH E. RADHA KRISHNAN, S/O. RADHA
... Petitioner
Vs
1. RAVI KUMAR M.,
... Respondent
2. MALLIKA,
3. THE SUPERINTENDENT OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.C.K.SREEJITH
For Respondent :SRI.P.M.PAREETH
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :15/07/2009
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(Cri) No. 193 of 2009-S
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Dated this the 15th day of July, 2009
JUDGMENT
Basant,J.
The petitioner – a young man, aged 24 years (his date of
birth is 26/5/84) has come to this Court with this petition for
issue of a writ of habeas corpus to search for, trace and
produce Ms.Swetha – an adult woman, (her date of birth is
21/4/90) with whom he is allegedly in love and with whom he
had allegedly contracted a marriage on 12/3/09 at the
Sreekrishna Swamy Temple, Trichambalam. Their marriage,
according to him, has been duly registered at the Taliparamba
Municipality. He complained that the parents of the said
Ms.Swetha were illegally detaining her somewhere. She was
earlier at Kannur residing at `Sajina Quarters, Thalikkavu,
Kannur’. On coming to know of her relationship with the
W.P.(Cri) No. 193 of 2009-S
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petitioner and her alleged marriage with the petitioner, the
parents of Ms. Swetha had allegedly removed her illegally and
were detaining her against her wishes, he alleged. She was
allegedly found to be missing from 4/4/09.
2. This petition was filed on 21/5/09. It was admitted on
25/5/09. Notice was ordered to the respondents. On 8/6/09
when the matter came up for hearing, the learned Government
Pleader reported that respondents 1 and 2 along with the said
Ms.Swetha are not available in their house at Kannur and they
were reported to have gone to Coimbatore. Later, a crime was
registered and when the matter came up for hearing on 29/6/09,
respondents 1 and 2 appeared before Court. The alleged
detenue Ms.Swetha had also come to Court along with
respondents 1 and 2. We interacted with the parties and the
alleged detenue in the presence of their counsel in the Chamber.
Ms. Swetha asserted that she had got married to the petitioner
and the marriage has been duly registered with the Taliparamba
Municipality. The parents of Ms. Swetha wanted it to be ensured
that she completes her educational career before she embarks
on matrimonial life. We found, after discussions, that the
parties were progressing towards an agreed upon course for the
future. We granted them two weeks time to finalise the terms of
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the agreement and report the same to the Court.
3. We have given Ms.Swetha and the petitioner an
opportunity to interact with each other as agreed by her parents.
4. We have interacted with the parties today in the
presence of the learned Government Pleader and their counsel.
The parties agreed as follows:
(1) Ms. Swetha shall return from the Court along with her
parents today and shall continue her education residing along
with her parents at `No.2/2, Sreenivas Street, Egmore,
Chennai-8′.
(2) After she completes her course or on attainment of 21
years (21/4/2011), the petitioner and the alleged detenue
Ms.Swetha shall start their matrimonial life and live together
on mutual consent.
(3) Until then, there shall be no contact between the
petitioner and the alleged detenue except over the telephone.
Ms.Swetha can be contacted by the petitioner at her Cell Phone
No.09894117460 on all Sundays between 6 p.m. and 7 p.m.
(4) Ms.Swetha shall be at liberty to contact the petitioner
at any time that she wants. Change of address of residence or
telephone number shall be intimated promptly to the petitioner
from time to time by respondents 1 and 2.
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(5) Ms. Swetha is permitted to leave the Court along with
respondents 1 and 2 – her parents ,as desired by her.
(6) It is agreed that parties can seek further directions
from this Court from time to time if need arises.
5. We are satisfied that this writ petition can, in these
circumstances, be allowed to the above extent accepting the
above stipulations agreed up on by the parties. We do so.
R. BASANT
(Judge)
M.C. HARI RANI
(Judge)
Nan/
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