Judgment dismissing a habeas corpus petition as unnecessary after the petitioner's daughter and the respondent were solemnized under the Special Marriage Act on October 19, 2009.
Writ petition dismissed as unnecessary in light of the marriage between the petitioner's daughter and the fifth respondent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(Crl.).No. 392 of 2009(Y) ---------------------------
PETITIONER:
SASIKALA, WIFE OF MANOHARAN, AGED 43 YEARS, M.S.NIVAS, KOCHALUMOODU, MUDAVARAM P.O., CHIRAYINKIL, THIRUVANANTHAPURAM.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENTS :
BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN ADV. SRI.S.RAJEEV FOR R6 TO 8 SRI.M.R.RAJESH FOR R5
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.BASANT & M.C.HARI RANI, JJ.
W.P(Crl.) No.392 of 2009
Dated this the 21st day of October, 2009
JUDGMENT
BASANT, J.
This judgment must be read in continuation of the earlier order dated 01.10.09 passed by this Court. Today when the case is called, the petitioner is not present. The alleged detenue and the 5th respondent are present. It is submitted by the counsel that as per the directions of this Court the alleged detenue was residing at Santhiniketan hostel till 19.10.09. On that day, her marriage with the 5th respondent was solemnised and registered under the provisions of the Special Marriage Act before the Marriage Officer, Chalai. The marriage certificate has been produced for our perusal. A copy has been produced, it is further submitted. The said certificate of marriage No.64/2009 shows that marriage between the alleged detenue and the 5th respondent has been solemnised in accordance with law. After that days the spouses are living together, it is submitted.
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the petitioner. We take note of the fact that the alleged detenue and the 5th respondent are now legally married spouses.
light of these developments, appropriate action shall be taken by the police in Crime No.336 of 2009 of Chirayinkeezhu Police Station. It is brought to our attention that the description of the cause title in the facing sheet of this petition is incorrect. The Registry shall ensure that the order is typed in accordance with the cause title shown in the Original Petition and not the facing sheet.
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R.BASANT & M.C.HARI RANI, JJ.
W.P(Crl.) No.392 of 2009
W.P(Crl.) No.392 of 2009
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Dated this the 1st day of October, 2009
ORDER
BASANT, J.
This petition has been filed by the petitioner for issue of a writ of habeas corpus to search for, trace and produce her adult daughter, who, she alleged, was illegally being detained and confined by the 5th respondent in collusion with respondent Nos.6 to 8.
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detenue in the Chamber again. She asserted that she is not under illegal confinement or detention of anyone. She is in love with the 5th respondent. She wants to marry him. They have already given notice under the Special Marriage Act to get their marriage solemnised. That notice was given on 17.09.09. The marriage can now be solemnised and registered on any date after 17.10.2009. She prayed that she may be permitted to return along with the 5th respondent.
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petitioner. The petitioner, her brothers and her father would cause such difficulties, she apprehended.
(i) The alleged detenue shall be accommodated at the Santhi Niketal hostel till 19.10.09; The petitioner shall have the first option to pay for such expenses for lodging and if she does
not do the same, the 5th respondent and his parents shall be
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permitted to make such payment;
(ii) During her stay in the hostel, in accordance with rules of the hostel the petitioner shall be permitted to meet the alleged detenue and have interactions with her;
(iii) The alleged detenue shall also be permitted to contact the 5th respondent over telephone in accordance with the rules of the hostel;
(iv) The hostel authority shall permit the alleged detenue to proceed to the Registrar's office for registration of marriage on 19.10.09 along with the 5th respondent;
(v) The petitioner, if she is willing, shall also be permitted to accompany the alleged detenue for the registration/solemnisation of marriage.
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learned Government Pleader .
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2 issues framed by the court
Whether the writ petition for habeas corpus should be dismissed since the parties are now legally married.
Whether the adult detenue can be compelled to return with her mother against her will.
Sasikala
State of Kerala
Shaneer
Basant
M.C.Hari Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
