High Court of KeralaWP(Crl.)/78/2015disposed of

Jithin R v. The Superintendent Of Police

2015-03-06Honourable Mr. Justice P.D.Rajan,Honourable Mr.Justice V.K.Mohanan10 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(Crl.).No. 78 of 2015 (S) ---------------------------- PETITIONER(S):

---------------- JITHIN R AGED 22 YEARS, S/O.REGHU.R, NITHIN NIVAS NEDUNGOLAM(PO), PARAVOOR VILLAGE, PARAVOOR KOLLAM DISTRICT.

BY ADVS.SRI.C.R.SIVAKUMAR SMT.P.T.RAZEENA RESPONDENT(S):

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

1. THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE KOLLAM DISTRICT, PIN 601001.

2. THE CIRCLE INSPECTOR OF POLICE, PARAVOOR POLICE STATION, PARAVOOR, KOLLAM DISTRICT PIN 691301

3. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM DISTRICT, PIN 691301.

4. G.DIVAKARA PILLAI, S/O.GOVINDAN, CHITRALAYAM, KOONAYIL, PARAVOOR (PO) PARAVOOR VILLAGE, KOLLAM DISTRICT, PIN 691301. * 5. USHA,W/O.G.DIVAKARA PILLAI, CHITRALAYAM, KOONAYIL, PARAVOOR(PO), PARAVOOR VILLAGE KOLLAM DISTRICT, 691 301.

* (NAME OF THE 5th RESPONDENT IS CORRECTED AS 'RADHAMANI' INSTEAD OF 'USHA' AS PER ORDER IN I.A.NO.3163/2015 DATED 6.3.2015.) R1 -R3 BY ADV. SMT. KOCHUMOL KADAVATH - GOVERNMENT PLEADER. R4 & R5 BY ADV. M. RAJENDRAN NAIR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 78 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------- EXHIBIT-P1 THE TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER EXHIBIT-P2 THE TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE SUB REGISTRAR DATED 13.01.2015.

EXHIBIT-P3 THE TRUE COPY OF THE UNDATED LETTER WRITTEN BY THE DETENUE TO THE PETITIONER EXHIBIT-P4 THE TRUE COPY OF THE COMPLAINT DATED 16.02.2015 RESPONDENT(S)' EXHIBITS -------------------------:

NIL.

TRUE COPY PA TO JUDGE.

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V.K. MOHANAN & P.D. RAJAN, JJ.

------------------------------------------- W.P.(Crl) No. 78 of 2015 ---------------------------------------------- Dated this the 6th day of March, 2015

JUDGMENT

V.K.Mohanan,J.

The petitioner claims that he is in love with one Deepamol D.R., the daughter of respondents 4 and 5. According to the petitioner, when the above relationship between the petitioner and the said Deepamol came to the knowledge of respondents 4 and 5, the parents of the detenue, they strongly opposed the same and keeping the said Deepamol away from himself. However, it is the further case of the petitioner that the petitioner and the said Deepamol have continued their relationship and on 13.1.2015 they have decided to get married each other and accordingly, they approached the Sub Registrar's Office, Paravoor to

The learned counsel appearing for the petitioner handover a copy of notice dated 13.1.2015 issued under Section 5 of the Special Marriage Act. It is the further case of the petitioner that while the proceedings to register the marriage was in progress, the parents of the detenue filed a complaint before the Vanitha Cell, Kollam and later the same was withdrawn by them, since the Police was not prepared to take any action upon the complaint, after ascertaining the mind of the detenue that she is fully like to marry the petitioner. According to the petitioner, thereafter, the petitioner was informed by the detenue over telephone that she was kept under the illegal detention by her parents and relatives and requested the petitioner to rescue her from such illegal confinement. Thus, according to the petitioner, under the above

circumstances, preferred the above writ petition under Article 226 of the Constitution of India praying inter alia to issue a writ of Habeas Corpus or any other appropriate writ order commanding respondents 1 to 3 to produce the corpus of the petitioner's fiancee (Deepamol D.R.) before this Court and to release the said detenue.

Pursuant to order dated 23.2.2015 passed by this Court, the detenue is produced before us and we have interacted with the detenue, respondents 4 and 5, the parents of the detenue and the petitioner as well. 4.

The detenue has deposed before us that herself and the petitioner were in love and they have decided to marry each other and accordingly notice under the provisions of the Special Marriage Act has alredy been issued. When we put to the detenue as to whether she is under the illegal confinement of anybody, she has stated

that she is not under the illegal confinement as alleged. However, she has categorically stated before us that her parents, respondents 4 and 5 are not prepared to approve the affairs between herself and the petitioner, since the petitioner is belonged to different cast and as such, she is not prepared to go along with her parents and she wants to go along with the petitioner.

When we interacted with the petitioner, he submitted that he is a Diesel Mechanic in a private workshop and he is getting 15,000/- per month. He has ₹ also deposed in tune with the facts stated in the writ petition. According to him, his fiancee-Deepamol is belonged to Nayar community and he is belonged to Ezhava community and therefore, her parents are not prepared to approve the affairs between the petitioner and the said Deepamol. When we interacted with the parents of the

Deepamol, they submitted that they cannot approve the affairs between their daughter and the petitioner and if their daughter goes along with the petitioner, they shall not appear before them, subsequently.

The learned counsel for respondents 4 and 5 submitted that in the absence of valid marriage, it is not proper to send the detenue along with the petitioner. 7.

The learned counsel for the petitioner submitted that the detenue and the petitioner have already issued a notice under Section 5 of the Special Marriage Act on 13.1.2015 and thirty days' time is already over and their marriage can be registered on any date, after 13.2.2015. 8.

We have carefully considered the depositions made before us by the detenue, the petitioner and also the parents of the detenue. The detenue, Deepamol is aged 21 years and she is studying in a private polytechnic for

Diploma in Civil Engineering and she is in love with the petitioner. She apprehends that in case, if she goes along with the parent, they will not permit her to continue her relationship with the petitioner and indirectly it is disclosed that the parents are against her will and freedom. If that be so, it is for the detenue, to take appropriate decision, for which she has absolute right. As rightly pointed out by the learned counsel for the respondents 4 and 5, this Court will not be justified in sending the detenue along with the petitioner for the time being . As pointed out by the learned counsel for the petitioner, as the detenue and the petitioner has already issued notice under the provisions of the Special Marriage Act and the period of said notice has already been expired on 13.2.2015, they can register their marriage on any date after 13.2.2015.

In the result and in view of the above fact and circumstances, this writ petition is disposed of setting Miss. Deepamol at liberty and she is free to go, according to her wish and will.

V.K. MOHANAN, JUDGE.

P.D. RAJAN, JUDGE.

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