IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 465 of 2009(S)
1. K. RAMACHANDRAN NAIR,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE, KOLLAM.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. SAJEESH R.K., S/O. SADANANTHAN,
For Petitioner :SRI.V.V.RAJA
For Respondent :SRI.C.P.PEETHAMBARAN
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :17/11/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.(Crl).No.465 of 2009
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Dated this the 17th 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 Meera Lekshmi, aged above 19 years, who, the
petitioner apprehended, was under the illegal custody and
detention of the 4th respondent. The daughter of the petitioner
Meera Lekshmi is aged above 19 years – she having been born on
10/09/1990. She is a student of Sree Budha Engineering
College, Nooranadu. She is now in the third semester class. She
was residing near her college as a paying guest and she was
allegedly found to be missing from 10/11/2009. On coming to
know that his daughter is missing from 10/11/2009, the
petitioner had rushed to this court with this petition which was
filed on 11/11/2009.
2. This petition was admitted on 12/11/2009 and notice
was issued to the respondents.
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3. Today when the case is called, the petitioner and his
wife are present. The learned counsel for the petitioner is also
present. 4th respondent has entered appearance. He is
represented by a counsel. Along with him, his paternal uncle
and his wife, have also come to court. The alleged detenue has
also come to court along with the 4th respondent.
4. As the alleged detenu comes from the custody of the
4th respondent and his relatives, we wanted to ensure that she
was permitted to remain alone before her response was
ascertained. She was thus sent to the chamber and permitted to
be alone. We permitted the petitioner, his wife and the elder
brother of the alleged detenue to interact with the alleged
detenue while she was in the chamber.
5. After lunch recess, we interacted with the parties in
the chamber. Initially, we interacted with the alleged detenue.
Thereafter, we interacted with her in the presence of her parents
and the learned counsel for the petitioner. Subsequently, we
interacted with the 4th respondent in the presence of his counsel
as also his uncle and his wife.
6. Our interactions confirm that the alleged detenue
Meera Lekshmi, an adult major woman, is not under illegal
W.P.Crl No.465/09 3
confinement or detention of anyone. She asserted before us that
she was in love with the 4th respondent and that she had
voluntarily proceeded to join him. It is further submitted that
the alleged detenue and the 4th respondent have now got married
in accordance with the customary religious rites and ceremonies
on 11/11/2009. The marriage took place at Sree Parameswara
Parvathy Temple, Pinarayi. The marriage has been registered at
the Pinarayi Gramma Panchayat and a certificate issued by the
Secretary and Registrar of Marriage, Pinarayi Gramma
Panchayat has been produced.
7. We requested the learned counsel, who appeared for
the parties, to explore the possibilities of a harmonious
settlement. We interacted with all parties and their counsel in
the chamber. We are happy to note that at the end of the
discussion, parties appear to be moving towards a harmonious
settlement of all their disputes.
8. The petitioner and his wife now submit that they are
satisfied that the alleged detenue is not under illegal detention
or confinement. They submit that they accept the marriage
between the alleged detenue and the 4th respondent and shall be
taking the necessary steps at the earliest to ensure that there is
W.P.Crl No.465/09 4
meeting of minds and harmony between the two families. The 4th
respondent and his paternal uncle also reciprocated the same
sentiments. The 4th respondent, in response to a specific query
by this court – sharing the anxiety of the parents, submits that
necessary steps shall be taken to ensure that the alleged detenue
continues her Engineering course at an appropriate venue to be
decided shortly.
9. We are, in these circumstances, satisfied that there is
no element of illegal confinement or detention and that the
alleged detenue has joined the 4th respondent voluntarily in
accordance with her free will and desire. We are satisfied that
no further directions are necessary in this writ petition.
10. This writ petition is accordingly dismissed. A copy of
the marriage certificate is handed over by the learned counsel
for the 4th respondent to the learned counsel for the petitioner.
The original certificate is returned to the 4th respondent.
(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