← Library
High Court of KeralaWP(Crl.)/16/2015disposed of

Padmini v. The Sub Inspector Of Police, Kalikavu Police Station

2015-02-23Honourable Mr.Justice T.R.Ramachandran Nair4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 WP(Crl.).No. 16 of 2015 (S) ---------------------------- PETITIONER:

-------------------------- PADMINI AGED 41 YEARS W/O.PREMKUMAR, AMBAZHATHIL HOUSE, ENADI ARIMANAL P.O, KALIKAVU, NILAMBUR MALAPPURAM DISTRICT BY ADV. SRI.C.K.MOHANAN RESPONDENTS:

----------------------------

1. THE SUB INSPECTOR OF POLICE, KALIKAVU POLICE STATION MALAPPURAM DISTRICT PIN 676 525

2. THE CIRCLE INSPECTOR OF POLICE, VANDOOR MALAPPURAM DISTRICT PIN 676 505

3. THE SUPERINTENDENT OF POLICE MALAPPURAM PIN 676 505

4. DIRECTOR GENERAL OF POLICE(LAW & ORDER) POLICE HEADQUARTERS, TRIVANDRUM 695 001

5. SHAFI, AGED 20 YEARS S/O.HUSSAIN, VIRIPPAKKIL HOUSE, KAPPU PALLIPADI, VETTATHUR (PO) PIN 679 326, PERINTHALMANNA MALAPPURAM DISTRICT

6. HUSSAIN, AGED 50 YEARS VIRIPPAKKIL HOUSE, KAPPU, PALLIPADI VETTATHUR (PO) PIN 679 326, PERINTHALMANNA MALAPPURAM DISTRICT

7. SAINABA, AGED 45 YEARS W/O.HUSSAIN, VIRIPPAKKIL HOUSE, KAPPU PALLIPADI, VETTATHUR (PO) PIN 679 326, PERINTHALMANNA MALAPPURAM DISTRICT R1-R4 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION R6,R7 BY ADV. SRI.C.M.KAMMAPPU R5 BY ADV. SRI.P.M.HABEEB BY GOVERNMENT PLEADER SRI.P.S.ABDUL KAREEM THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - W.P.(Crl)No.16 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2015

JUDGMENT

Ramachandran Nair, J.

This writ petition is filed by the petitioner who is the mother of Ms.Santhini, seeking for various reliefs, including one to direct respondents 1 to 4 to produce the detenue before this Court. 2.

The case pleased is that appellant's husband is bed ridden due to paralysis and they have got three daughters. The detenue, it appears had left with the fifth respondent, who is a student of the college in which Ms.Santhini is studying. When the matter came up for consideration by a Division Bench of this Court, a detailed interim order was passed on 28/1/2015 whereby the detenue was directed to be admitted in SNV Sadanam Hostel, Ernakulam.

3.

On the last occasion, when she was produced before this Court on 13.2.2015, she wanted to visit her father, who is laid up. It is evident from the said order that a notice under Special Marriage Act

W.P.(Crl)No.16/2015 was given on 11.02.2015.

4.

Today, the girl is present along with her mother and the fifth respondent is also personally present. The girl namely Ms.Santhini submitted that she wants to go along with her mother and to continue her studies and she does not want to continue the affair with the fifth respondent. It is also stated that even though notice under Special Marriage Act has been given, she want to go back on the same. It is also requested that the gold ornaments entrusted to the fifth respondent may be directed to be returned.

5.

We have interacted with the fifth respondent also who appeared to be upset by the sudden change of mind of the girl. 6.

We heard the learned counsel on both sides.

7.

Since the girl is a major, she is competent to take a decision with regard to her future. We ascertained repeatedly from her as to whether she has taken the decision consciously. Accordingly to her, she has taken a conscious decision in the matter. 8.

In that view of the matter, we allow her to go on her free will with the mother. As far as the return of gold ornaments are

W.P.(Crl)No.16/2015 concerned, since it is admitted by the fifth respondent that the girl has entrusted her gold ornaments with her and he has not brought it today, he will produce it before the concerned police station and the Sub Inspector of Police of the station will see that the gold is handed over to the girl or her parents. The learned Public Prosecutor will take steps in the matter.

The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.