BINOJ S O Vs. RAMLA BEEVI

JUDGEMENT

(1.) The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Jasmin, a young woman, aged about 18 years (hereinafter referred to as `the alleged detenue') - date of birth 02.10.1992. According to the petitioner, the alleged detenue is a Plus Two student. She was in love with the petitioner. They had decided to get married. They had undergone some ceremony of marriage, on the basis of which, according to the petitioner, he and the alleged detenue have become legally married. On the basis of a complaint by the relatives of the alleged detenue, a crime was registered by the police and the alleged detenue was produced before the Magistrate. Before the Magistrate, there was a dispute about the correct age of the alleged detenue - as to whether she is a major as shown in the school register or whether she is a minor actually. In the light of that dispute, the alleged detenue went with the 1st respondent, her maternal grandmother. She was so sent by the court with direction to produce birth certificate to show the correct age. Birth certificate has not been produced yet. School certificate shows that she is a major. According to the petitioner, after the alleged detenue was taken away from the Magistrate's Court by the 1st respondent, the alleged detenue was being illegally detained and confined by respondents 1 to 3. She was not being permitted to contact the petitioner. She was not being permitted to come out of the house; and she was not being permitted to attend the school. The petitioner apprehended that the alleged detenue was forcibly removed to some orphanage by respondents 1 to 3. It is, in these circumstances, that the petitioner came to this Court with this petition on 09.09.2010.

(2.) This petition was admitted on 09.09.2010 and notice was ordered to the respondents. The case was posted to this date.

(3.) Today when the case is called, the petitioner is present. He is represented by his counsel. Respondents 1 and 2 have come to Court. They are represented by a counsel. Along with them, the alleged detenue has also come to Court.