Manoj M vs Santhosh
2022 Latest Caselaw 6441 Ker

                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.
         ---------------------------------------------
                    WP(Crl.) No.436 of 2022
         ---------------------------------------------
                 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