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High Court of KeralaWP(Crl.)/327/2015disposed of

Sunitha, D/O. Lilli v. Circle Inspector Of Police, Vizhinjam Circle

2015-08-03Honourable Mr.Justice C.K.Abdul Rehim,Honourable Mr. Justice K.Ramakrishnan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 WP(Crl.).No. 327 of 2015 (S) ----------------------------- PETITIONER:

---------- SUNITHA, D/O. LILLI AGED 40 YEARS REKHA BHAVAN, MUTTACAUD, VENGANOOR VILLAGE, NEYYATTINKARA TALUK.

BY ADV. SRI.G.SUDHEER RESPONDENTS:

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1. CIRCLE INSPECTOR OF POLICE, VIZHINJAM CIRCLE VIZHINJAM P.O, THIRUVANANTHAPURAM DIST. 695 001.

2. SUB INSPECTOR OF POLICE KOVALAM POLICE STATION THIRUVANANTHAPURAM DISTRICT. 695 001.

3. ABHIMANYU @ MANU KALATTUKAVU THADATHARIKATHU VEEDU, NERIVUKALA PANTHA P.O, THIRUVANANTHAPURAM 695 001.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. SHIBU JOSEPH WITH ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.TOM JOSE PADINJAREKARA.

R3 BY ADV. SRI.SINU.G.NATH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 327 of 2015 (S) ----------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------- EXHIBIT P1. COPY OF THE HIGHER SECONDARY EXAMINATION HALL TICKET OF RADHIKA.

EXHIBIT P1(A. COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, HSS SCHOOL, VENGANOOR.

EXHIBIT P2. COPY OF THE FIR AND FIS IN CRIME NO. 760/2015 OF KOVALAM POLICE STATION.

EXHIBIT P3. COPY OF THE PETITION FILED BY THE PETITIONER DATED 14.7.15 BEFORE Ist RESPONDENT WITH COPY TO 2nd RESPONDENT. RESPONDENTS' EXHIBITS : NIL --------------------- // TRUE COPY // P. A. TO JUDGE sm

C.K.ABDUL REHIM & K.RAMAKRISHNAN, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.327 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2015

JUDGMENT

C. K. Abdul Rehim J.

Petitioner is the mother of the alleged detenue, Miss.Radhika. Averments in the writ petition is that the alleged detenue is aged only 17 years and she is abducted and kept under illegal detention by 3rd respondent at some unknown places. With respect to missing of the alleged detenue, the 2nd respondent had registered Ext.P2, Crime No.760/2015 under Section 57 of the Kerala Police Act. Based on the allegation that, the alleged detenue is being illegally detained by the 3rd respondent and that the respondents 1 and 2 are not taking effective steps to release her, this petition is filed seeking the writ of Habeas Corpus for directing production of the alleged detenue and to set at her at liberty.

-22. Pursuant to notice issued from this Court, the 2nd respondent produced the alleged detenue before this court on 27.07.2015. It is stated that she had surrendered before the Judicial First Class Magistrate Court, Neyyattinkara on 22.07.2015 and she appeared before the 2nd respondent on the next day as instructed by the learned Magistrate. The 2nd respondent had recorded her statement and accommodated her at 'Nirbhaya' Shelter Home, Poojappura, Thiruvananthapuram. Thereafter, she was produced before this Court on 27.07.2015.

3. The 3rd respondent appeared through counsel and produced document to show that a marriage under religious rites was solemnised at the 'Pulayar Maha Sabha', Villikulam Branch, on 21.07.2015. When the case was considered, there arose a dispute with respect to the date of birth of the alleged detenue. The Certificate issued from the school authorities showed her date of birth as 31.05.1998, whereas the 3rd respondent had produced

-3extract of the Birth Register maintained by the Registrar of Births and Deaths, Corporation of Thiruvananthapuram. It showed that the date of birth of the alleged detenue is 20.07.1997. The alleged detenue submitted that the extract of the Birth Register was obtained by the petitioner herein, during the year 2011, for the purpose of enabling the alleged detenue to appear for the SSLC examination, since she was under aged at that time as per the records. The AADHAR Card of the alleged detenue also indicated that the year of birth is 1997. From the documents, this court is prima facie satisfied that the date of birth of the alleged detenue is 20.07.1997; and that she had completed the age of 18 years.

4. When we interacted with the alleged detenue, she said that she had left her parental house and is living along with the 3rd respondent, based on the marriage solemnised on 21.07.2015. She expressed desire to go along with the 3rd respondent and to live with him as husband and wife.

-4But this Court noticed that the marriage alleged to have solemnised under the religious rites has not been registered. Therefore we directed the 3rd respondent to complete the formalities of registration of the marriage under the Kerala Registration of Marriages (Common) Rules, 2008. We were not inclined to send the alleged detenue with the 3rd respondent, till then. Therefore, the 2nd respondent was directed to readmit the alleged detenue at the 'Nirbhaya' Shelter Home, Poojappura itself. The alleged detenue as well as the 3rd respondent were given permission to take necessary steps to complete the formalities with respect to registration of the marriage.

5. Today when the case is taken up, the counsel for the 3rd respondent had produced the Certificate of Marriage issued by the Local Registrar of Marriages (Common), Balaramapuram Grama Panchayath. It would indicate that the marriage solemnised on 21.07.2015 was registered by the said authority under the Kerala Registration of

-5Marriages(Common) Rules 2008, on 31.07.2015. This Court takes note of the establishment of a legally valid marriage between the alleged detenue and the 3rd respondent. The 3rd respondent and the alleged detenue are personally present before this Court. It is stated that they are intending to lead a marital life at the residence of the 3rd respondent.

6. Under the above mentioned circumstances, we are convinced that the alleged detenue is not under any illegal confinement, at present. The alleged detenue and the 3rd respondent are permitted to lead life as husband and wife at any place of their choice.

This writ petition is disposed of accordingly. Sd/- C. K. ABDUL REHIM, JUDGE Sd/- K. RAMAKRISHNAN, JUDGE sm/