High Court Kerala High Court

Ratheesh E. Radha Krishnan vs Ravi Kumar M on 15 July, 2009

Kerala High Court
Ratheesh E. Radha Krishnan vs Ravi Kumar M on 15 July, 2009
       

  

  

 
 
  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.
            -------------------------------------------------
                W.P.(Cri) No. 193 of 2009-S
            -------------------------------------------------
           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

W.P.(Cri) No. 193 of 2009-S
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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.

W.P.(Cri) No. 193 of 2009-S
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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/

W.P.(Cri) No. 193 of 2009-S
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