IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 311 of 2010(S)
1. SARASU P.K., W/O.LATE SANKARANKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. ANOOP, S/O.KESHAVAN NAIR, AGED ABOUT
5. KESHAVAN NAIR, NADUKUDIYIL HOUSE,
For Petitioner :SRI.JOHNSON P.JOHN
For Respondent :SRI.S.RAJEEV
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :16/08/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.311 of 2010
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Dated this the 16th day of August, 2010
JUDGMENT
BASANT, J.
This judgment must be read in continuation of our earlier
orders resting with the order dated 04.08.2010. The petitioner
has come to this Court with the grievance that her daughter
Aleesha A.Shankar, aged 16 years (date of birth – 10.05.1994),
has been illegally kidnapped and is being detained by respondent
Nos.4 and 5. Respondent No.4 is a young man said to be aged
26 years and the 5th respondent is his father.
2. The alleged detenue had come to Court along with the
5th respondent on 04.08.2010. She was sent along with her
mother, the petitioner herein. The petitioner has filed an
affidavit now that the alleged detenue shall not be given away in
marriage till she attains the age of 18 years. It is further
undertaken that she shall not be given away in marriage to any
one without her consent. The 4th respondent has not appeared
before Court. Today when the case is called, the petitioner
is present along with the alleged detenue. She is
represented by a counsel. The 4th respondent has not appeared
W.P(Crl.) No.311 of 2010 2
before Court. The 5th respondent and his counsel are present
before Court.
3. The alleged detenue has not attained majority. She
will attain majority only on 10.05.2010. The alleged detenue had
stated before us that she is in love with the 4th respondent. That
submission was made on the last date of posting. Today when
the case is called, the alleged detenue also appears to accept
that she cannot get married till she attains the age of 18 years.
She agrees to return from Court along with her mother and legal
guardian, the petitioner herein.
4. The mother of the alleged detenue, the petitioner
herein, reiterates the undertakings given in the affidavit dated
10.08.2010 filed by her before this Court. She asserts that after
the alleged detenue attains the age of 18 years and if then the
alleged detenue and the 4th respondent want to get married to
each other, she will raise no objection against such marriage
taking place.
5. At the moment we are concerned only with the
question whether the alleged detenue is under illegal detention
and confinement. We are satisfied that when the petition was
filed, the alleged detenue, a minor girl aged 16 years, was away
from her mother, the petitioner herein. She has been restored to
W.P(Crl.) No.311 of 2010 3
her mother and we are satisfied that this petition can now be
closed with appropriate directions.
6. In the result:
a) The Writ Petition is allowed;
b) The alleged detenue is permitted to leave the Court
along with her mother, the petitioner herein;
c) We accept the affidavit dated 10.08.2010 filed by the
petitioner that the alleged detenue shall not be given away in
marriage till she attains the age of majority and that even after
she attains majority, she shall not be given away in marriage to
any one without her consent;
d) We further record the submission of the petitioner
that after the alleged detenue attains the age of 18 years and if
the alleged detenue and the 4th respondent want to get married,
she shall not in any way raise any objection against such
marriage.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/