IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 282 of 2010(S)
1. SREEDEVI AMMA, W/O. LATE GANGADHARAN
... Petitioner
Vs
1. SUB-INSPECTOR OF POLICE, NOORANAD,
... Respondent
2. SANTHOSH, S/O. OMANAYAMMA, KAVARATH
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :SRI. K.SHAJ
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :21/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl) No.282 of 2010
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Dated this the 21st day of July 2010
J U D G M E N T
Basant,J
The petitioner, a woman, has come to this Court with this
petition for issue of a writ of habeas corpus to search for, trace
and produce her daughter Suja.S, aged 26 years (date of birth :
05/05/194). She is educated. She holds a Diploma and has been
working as a Laboratory Technician for a period of about 1=
years. She was allegedly found to be missing from 08/07/2010.
The uncle of the alleged detenue had preferred a complaint and
the police had registered a crime. As the alleged detenue was
not traced by the police, the petitioner came to this Court with
this petition on 13/7/2010. The petition was admitted on
14/7/2010. The case was posted to this date for appearance of
the parties.
2. Today when the case is called, the petitioner is
present. She is represented by a counsel. Along with the
petitioner, her brother and son have also come to Court.
W.P.(Crl) No.282/10 : 2 :
3. The 2nd respondent is present. Along with him, the
alleged detenue Ms.Suja has also come to Court. As the alleged
detenue comes to Court along with/in the custody of the second
respondent, who is allegedly detaining her, we permitted the
alleged detenue to remain alone in the chamber with no
opportunity for the second respondent to influence her. We
granted permission to the petitioner, her brother and son to
interact with the alleged detenue.
4. After lunch recess, we interacted with the alleged
detenue alone initially and later in the presence of the petitioner,
her brother and son. Later, we interacted with the alleged
detenue in the presence of the second respondent and the
mother of the second respondent, who has come to Court along
with him. The learned counsel for the petitioner and the 2nd
respondent and the learned Government Pleader were also
present.
5. The alleged detenue states before us categorically
that she is not under any illegal confinement or detention. She
was in love with the second respondent and they had decided to
get married. Their relationship was not approved by the
W.P.(Crl) No.282/10 : 3 :
relatives of the alleged detenue. Another marriage for the
alleged detenue was contemplated. It was at this stage that the
alleged detenue and the second respondent decided to get
married and went away. Their marriage, in accordance with the
Hindu Customary rights has been solemnised on 14/7/2010
between 9.30 a.m and 9.50 a.m at the Kaithakkal Kanjikkal
(Varikkolil) Devi Kshethra Seva Samithi. We are informed that
steps have been taken to get the marriage registered with the
Secretary of the Gramma Panchayath, Pallikkal. The certificate
dated 14/7/2010 addressed to the Secretary, Gramma
Panchayath by the Secretary, Kshethra Seva Samithi is
produced.
6. In a petition for issue of a writ of habeas corpus, we
are primarily concerned with the question whether the alleged
detenue is under any illegal detention or confinement. We are
satisfied that she is not. We are further satisfied that she is
married to the second respondent. The petitioner, her brother
and son, after interactions with the alleged detenue, now state
that they are now satisfied that she is not under any illegal
confinement or detention and that the alleged detenue can be
W.P.(Crl) No.282/10 : 4 :
permitted to go along with the second respondent. They accept
the fait accompli and do not want to resist the attempt of the
alleged detenue and the second respondent to live together as
husband and wife.
7. We are satisfied that no further directions are
necessary in this writ petition.
8. In the result,
a) This writ petition is dismissed.
b) The alleged detenue Ms.Suja, an adult major woman,
is permitted to leave the Court along with the second
respondent, with whom she has already got married and his
mother, as desired by the alleged detenue.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
W.P.(Crl) No.282/10 : 5 :
W.P.(Crl) No.282/10 : 6 :
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009