IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
SATURDAY, THE 4TH DAY OF JUNE 2022 / 14TH JYAISHTA, 1944
WP(CRL.) NO. 436 OF 2022
PETITIONER/S:
MANOJ M., AGED 23 YEARS
S/O. MANOHARAN NAIR PEZHUVILA VEEDU, KESAVAPURAM,
VELALLOOR (PO) KILIMANOOR, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT - 695601
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENT/S:
1 SANTHOSH, AGED 50 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER
VALEPPARAMBIL, MEENTHULLI, EDAVARAMBA PO, PULINGOME,
CHERUPUZHA, KANNUR, KERALA, PIN: 670511.
2 SREELATHA SANTHOSH, AGED 45 YEARS
W/O.SANTHOSH, VALEPPARAMBIL, MEENTHULLI, EDAVARAMBA PO
PULINGOME, CHERUPUZHA, KANNUR, KERALA, PIN: 670511.
3 THE SUB INSPECTOR OF POLICE,
CHERUPUZHA POLICE STATION, CHERUPUZHA (PO),
KANNUR DISTRICT- PIN: 670511.
4 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF,
KANNUR DISTRICT- 670002.
SRI.E.C.BINEESH-GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl) No.436/2022
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K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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WP(Crl.) No.436 of 2022
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Dated this the 4th June, 2022
JUDGMENT
Vinod Chandran, J.
The petitioner was before this Court alleging that his wife, the daughter of respondents 1 & 2, is in their illegal custody. We directed the 3rd respondent to take a statement of the alleged detenue through a Woman Civil Police Officer without the interference of respondents 1 & 2 or any of their family members.
2. A statement was placed on record, in which the alleged detenue had stated that while she was attending a training at Kanhangad, she met the petitioner and fell in love. After her graduation, she was again staying in Ernakulam for her further studies, when they continued the relationship. They became inseparable and got married; without the knowledge of her parents. Later, somehow her parents came to know of it and she was W.P(Crl) No.436/2022
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summoned home on the pretext of her sister, who was studying Nursing at Mangalapuram, having reached their home. Though she categorically said that she was not under any illegal detention, the parents had taken the mobile phone away and restricted her communication with the petitioner. While reiterating that she was not under illegal detention, she expressed her desire to live with her husband, the petitioner. It was also stated that the objection to her parents, was insofar as their loss of face before the local people, their friends and relatives. We hence directed the Station House Officer to ensure that the daughter of respondents 1 & 2 is produced before the Secretary, District Legal Services Authority, Thalassery, Kannur.
3. Today, the daughter of respondents 1 & 2 was produced before the Secretary, DLSA, Thalassery. We interacted with her, when she informed us, her firm resolve to live with her husband. On interaction, we were of the opinion that she was not coerced into a relationship, nor did she enter into a marriage without W.P(Crl) No.436/2022
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informed consent. We hence interacted with the 1st respondent and the petitioner and suggested an amicable settlement. In any event, we were of the opinion that the daughter of the petitioner has to be left free, being an adult, to follow her desire and live with the petitioner. We directed the Secretary, DLSA, Thalassery to ensure that the daughter of the 1 st respondent is sent with the petitioner.
The writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, Judge Sd/-
C.JAYACHANDRAN, Judge sp/04/06/22 W.P(Crl) No.436/2022
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APPENDIX OF WP(CRL.) 436/2022 PETITIONER EXHIBITS:
Exhibit P1 A TRUE COPY OF THE MARRIAGE INVITATION CARD. Exhibit P2 A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM PRAKKULAM SRI GURUVAYOORAPPAN TEMPLE DATED 28.3.2022.
Exhibit P3 A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LOCAL REGISTRAR OF THRIKKARUVA GRAMA PANCHAYAT BEARING CERTIFICATE NO. 4004320/CRCM01/GPO/2022/299 27.4.2022. Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 13.5.2022 SUBMITTED BY THE PETITIONER TO THE CHERUPUZHA POLICE STATION, KANNUR.
Exhibit P4(A) A TRUE COPY OF THE RECEIPT OF THE EXT.P4 COMPLAINT DATED 13.5.2022