LAWS(KER)-2013-6-19

PURUSHOTHAMAN Vs. SUB INSPECTOR OF POLICE

Decided On June 03, 2013
PURUSHOTHAMAN Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) PETITIONER filed this writ petition alleging that since 23/4/13, his daughter 'Sreeshma', a 1st year Degree student is missing. According to him, she was under the detention of the 3rd respondent, who is the son of the 4th respondent. This Court issued notice on 7/5/13 and the alleged detenue was produced before this Court also. On interaction, it was revealed that though on 6/5/13, application for registration of the marriage under the Special Marriage Act was presented, that marriage was not solemnized. In view of that, this Court passed order directing that the alleged detenue will remain with her parents till 10.6.13. Directions were also issued enabling the 3rd respondent to contact the alleged detenue. It was while so that IA No.6756/13 was filed by the 3rd respondent alleging that the directions of this Court in the order dated 7/5/13 were not complied with by the petitioner and that the alleged detenue was inaccessible to him.

(2.) WHEN the IA was considered, counsel for the petitioner offered to produce the alleged detenue before this Court and it was accordingly that the case was posted to today. Today the alleged detenue was produced by the petitioner. We interacted with the alleged detenue and from the submissions made by her, what was revealed was that the alleged detenue is still desirous of joining the 3rd respondent and against her will, she was kept at different unknown places by her parents. Since she is a major and has expressed her desire to live with the 3rd respondent, we are forced to make arrangement for the accommodation of the alleged detenue at a neutral place so that on expiry of the notice period under the Special Marriage Act, her marriage can be registered and she can live with her husband.

(3.) WE direct the District Police Chief, Kochi to provide necessary escort for the alleged detenue to be taken to the hostel at Calicut mentioned above. We further direct that the 1st respondent, the Sub Inspector of Police, Beypore Police Station will also ensure that this order is complied with and that the registration of the marriage is completed.