Kishore Kumar.P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 WP(Crl.).No. 183 of 2015 (S) --------------------------------------- PETITIONER(S)/PETITIONER:
---------------------------------------- KISHORE KUMAR.P, AGED 49 YEARS, S/O.K.PARAMESHWARAN PILLAI, MENON VEEDU(SANTHA BHAVANAM), PUZHAVATHU, CHANGANACHERRY, PIN-686 101.
BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM-695 004.
3. THE DISTRICT POLICE CHIEF, KOTTAYAM DISTRICT-686 001.
4. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY, KOTTAYAM DISTRICT-686 103.
5. SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, KOTTAYAM DISTRICT-686 103.
6. SAIFUDDIN SALAM,, AGED 25 YEARS, S/O.SALAM, KOLLANPARAMBIL, PUZHAVATHU, CHANGANACHERRY, PIN-686 101.
7. SALAM,, AGED 60 YEARS, KOLLANPARAMBIL, PUZHAVATHU, CHANGANACHERRY, PIN-686 101.
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WP(Crl.).No. 183 of 2015 (S) -------------------------------------- R1-R5 BY ADDL.DIRECTOR GENERAL OF PROSECUTION R6 BY ADV. SRI.MANSOOR.B.H.
R7 BY ADVS. SRI.R.SURAJ KUMAR SRI.SUNIL J.CHAKKALACKAL SMT.V.BEENA SMT.V.DEEPA GOVERNMENT PLEADER SRI. P.S.ABDUL KAREEM.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(Crl.).No. 183 of 2015 (S) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF EXTRACT OF THE PAGE OF THE PASSPORT OF MALAVIKA.S.MENON.
RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R7(a) COPY OF THE CERTIFICATE OF MARRIAGE DATED 08.07.2015. //True Copy// P.A. to Judge ss
C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.
--------------------------------------------------------------------------- -------------------------------------------------------------- Dated this the 10th day of July, 2015
JUDGMENT
C.K. Abdul Rehim, J Averments in the writ petition is to the effect that, the petitioner's daughter, Kumari.Malavika S.Menon, who is a first year student of B.Com Degree in Rajagiri College, Kakanad, Ernakulam, is being detained illegally by respondents 6 and 7. Allegation is that, the petitioner's daughter is missing from 30.04.2015 onwards and a case with respect to her missing was registered by the 5th respondent as Crime No.1412/2015 of Changanassery police station, under Section 57 of the Kerala Police Act, based on a complaint lodged by the petitioner. It is further alleged that the petitioner came to know that his daughter is under illegal confinement by respondents 6 and 7. Therefore this case is filed seeking a writ of Habeas Corpus for production of the alleged detenue and to set her at
liberty.
2.
Pursuant to orders issued by this court on various dates, the alleged detenue appeared before this court on 08.05.2015. The detenue was not willing to go along with the petitioner and she expressed desire to live with the 6th respondent. But having found that there exists no legally valid marriage between the 6th respondent and the alleged detenue, she was admitted to a hostel under orders of this court. Subsequently, the 6th respondent informed this court that a notice of intimation for solemnizing marriage under the Special Marriage Act was already forwarded to the Marriage Officer, Kottayam, on 15.05.2015 and it was registered at that office on 18.05.2015. Considering the entire circumstances prevailing this court on 08.06.2015 ordered to shift the alleged detenue to another hostel and her parents were permitted to have access and interaction with the alleged detenue. Thereafter, by virtue of orders issued by this
court, the petitioner and relatives of the alleged detenue was permitted to provide counselling to her through any qualified counsellors or clinical psychologists, based on an apprehension expressed by the petitioner that the alleged detenue is not matured enough to take a wise and prudent decision with respect to her future life, as well as with respect to her future education. However, despite repeated postings of the case, the alleged detenue expressed her adamant stand to marry the 6th respondent on the basis of the notice already registered on 18.05.2015. Hence this court permitted the parties to solemnize the marriage, for which the alleged detenue was permitted to appear before the Marriage Officer, Changanassery on 08.07.2015. 4.
Today when the case is taken up, the 7th respondent had produced copy of a Marriage Certificate issued under the Special Marriage Act, along with I.A.No.9778/2015, marking the said documents as Ext.R7 (a). The certificate would indicate that, marriage between
the alleged detenue Malavika S.Menon and the 6th respondent was solemnized on 08.07.2015. Both of them are personally present before this court. They expressed desire to live together as husband and wife at the residence of respondents 6 and 7.
Under the above mentioned circumstances, this writ petition is hereby disposed of by observing that the alleged detenue Malavika S.Menon is not under any illegal confinement, at present. She is set at liberty and permitted to go along with the 6th respondent to lead a marital life at any place of their choice.
Sd/- C.K. Abdul Rehim, Judge Sd/- K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss