High Court Kerala High Court

C.P.Sachinandandn vs Sanju @ Vimal on 30 June, 2009

Kerala High Court
C.P.Sachinandandn vs Sanju @ Vimal on 30 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 242 of 2009(S)


1. C.P.SACHINANDANDN, CHITTARIPOYIL HOUSE,
                      ...  Petitioner

                        Vs



1. SANJU @ VIMAL S/O. VIJAYAN,
                       ...       Respondent

2. THE STATION HOUSE OFFICER, PALIKKAL

3. THE SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.R.K.MURALEEDHARAN

                For Respondent  :SRI.  K.SIJU

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :30/06/2009

 O R D E R
                          R. BASANT &
                     M.C. HARI RANI, JJ.
            -------------------------------------------------
                 W.P.(Cri) No.242 of 2009-S
            -------------------------------------------------
           Dated this the 30th day of June, 2009

                            JUDGMENT

Basant,J.

The petitioner has come to this Court with this writ

petition for issue of a writ of habeas corpus to search for, trace

and produce his daughter – Ms.Chaithra, an adult major

woman, who, he apprehended, was being illegally detained by

the 1st respondent herein.

2. This writ petition was admitted on 24/6/09. Notice

was ordered to the respondents. Today, when the case is

called, the petitioner and his counsel are present. The 1st

respondent and his counsel are also present. Along with the

1st respondent, the alleged detenue Ms. Chaithra has come to

this Court.

3. As the alleged detenue comes from the custody of the

W.P.(Cri) No.242 of 2009-S
-: 2 :-

1st respondent, we permitted the alleged detenue to be alone in

the Chamber and did not grant an opportunity for any concerned

person to interact with her, other than the petitioner. The

petitioner did not, of course, avail of that opportunity. At 1.45

p.m. we interacted with the alleged detenue in the Chamber.

She stated that she has already attained the age of 20 years, she

having been born on 21/5/89. The petitioner is her father. The

1st respondent was her lover and is now her legally married

husband. Her parents did not approve of her relationship with

the 1st respondent. They did not heed to her request to permit

her to marry the 1st respondent and it is, in these circumstances,

that the alleged detenue and the 1st respondent chose to enter

matrimony. They allegedly executed an agreement of marriage

on 20/6/09. Later, they have got married in accordance with

the customary Hindu rites at Kannamangalam Vishnu Temple,

Vakkam. The 1st respondent and the alleged detenue are now

residing along with the parents of the 1st respondent at Pallikal.

4. The 1st respondent confirms that he and the alleged

detenue have now got married in accordance with the customary

rites, the marriage having been solemnised at the said temple

W.P.(Cri) No.242 of 2009-S
-: 3 :-

referred above, on 25/6/09. We are satisfied from the

submissions made by the alleged detenue and the 1st respondent

as also the copy of the registered document dated 20/6/09 and

the certificate issued by the Secretary, SNDP Branch, Pallickal,

that the petitioner and the 1st respondent are regally married

spouses.

5. The alleged detenue in response to our specific query

submits that she wants to leave the Court along with the 1st

respondent with whom she has come to Court today. The

petitioner, on the other hand, submits that he has no objection

against the alleged detenue being permitted to go with the 1st

respondent, he now having convinced himself that they are

legally married and that the alleged detenue is not under any

confinement or detention.

6. We are satisfied that no further directions are necessary.

As agreed by all concerned, this writ petition is, in these

circumstances, dismissed.

7. The alleged deteneu Ms.Chaithra is permitted to leave

this Court along with the 1st respondent as desired by her. The

copy of the agreement dated 20/6/09 and the original certificate

W.P.(Cri) No.242 of 2009-S
-: 4 :-

dated 29/6/09 placed before this Court by the 1st respondent

shall be retained in the file of this Court.

Sd/-

R. BASANT
(Judge)

Sd/-

M.C. HARI RANI
(Judge)

Nan/

//true copy//

P.S. to Judge