HAMZA A Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS judgment must be read in continuation of the earlier orders passed by us resting with the order dated 21.07.2010. The petitioner had come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Jaseera, aged 18 years (date of birth - 29.04.1992). She was found missing from 21.06.2010. It was the petitioner's apprehension that his daughter Jaseera (`the alleged detenue' hereinafter) was detained by respondent Nos.4 to 7. Respondent Nos.5 and 6 are the parents of the 4th respondent - a young man aged about 26 years. Respondent No.7 is a relative of the 4th respondent.

(2.) THE alleged detenue appeared before Court. She stated before us on 14.07.2010 that she is not under any illegal detention or confinement. She wants to get married to the 4th respondent, it was submitted. THE 4th respondent was willing to marry her. Notice for solemnisation/registration of the marriage under the Special Marriage Act had already been given by the alleged detenue and the 4th respondent on 06.07.2010. THE marriage could be solemnised and registered only on or after this date (06.08.2010). Accordingly as directed by us, the alleged detenue was accommodated at the Santhiniketan hostel.

(3.) OUR attempts to persuade the parties to harmoniously settle the dispute have now failed consequent to the stand taken by the alleged detenue. The alleged detenue has completed the age of 18 years, she having been born on 29.04.1992. The 4th respondent and the alleged detenue have produced before us a copy of the Secondary School Leaving Examination Certificate of the alleged detenue and that shows her date of birth to be 29.04.1992. The original is not produced, but the petitioner also accepts that the alleged detenue was born on 29.04.1992. We, in these circumstances, accept that the alleged detenue is aged above 18 years and that she has completed the age of 18 years on 29.04.2010. The marriage of the alleged detenue and the 4th respondent in accordance with the provisions of the Special Marriage Act can now be solemnised, reports the learned Government Pleader after taking instructions from the concerned Marriage Officer, ie. the Marriage Officer, Mannarkkad.