MANJESH BABU Vs. SALIM KOLLAMPARAMBIL

JUDGEMENT

(1.) Petitioner is one Manjesh Babu. He filed this writ petition inter alia seeking for issuance of a writ of habeas corpus directing respondents 2 and 3 to rescue Shajitha P. Salim, the daughter of the lst respondent from the illegal confinement and restraint of the lst respondent and to produce her before this Court and set her free.

(2.) It is alleged in the writ petition that Shajitha P.Salim, who is the daughter of the lst respondent, is aged 22 years and was residing with him. The petitioner's mother's house is at Mundakkayam which is near to the house of the lst respondent. Petitioner claims to have got acquainted with the girl, Shajitha P. Salim and they are in love. They have decided to marry under the Special Marriage Act and notice is also given under the provisions of the said Act before the Marriage Officer/Sub Registrar, Ponkunnam on 26/2/2007. Ext.P1 is the true copy of the acknowledgement receipt of money issued by the Sub Registrar, Ponkunnam. Pursuant thereto, notice is also stated to have been published by the Marriage Officer by affixing a copy thereof in a notice board of his office. On coming to know of the same it is alleged that the lst respondent asked his daughter not to marry the petitioner. It is alleged that she is under the illegal confinement and against the free will and consent.

(3.) This Court by order dated 15/5/2007 directed the 2nd respondent Sub Inspector of Police, Mundakkayam to conduct a discreet enquiry in the matter and ascertain the wishes of Shajitha P. Salim, who is under the illegal custody of the father, the first respondent, and forward a confidential report to this Court on or before 24/5/2007. As per the report filed by the 2nd respondent, we find that the girl has expressed her wishes to marry the petitioner with the consent of her parents as well. Pursuant thereto, notice was issued to the lst respondent with a date of appearance. Today, the alleged detenue was produced by the lst respondent-father. We inter acted with the alleged detenue, Shajitha P. Salim as well as the lst respondent. She told us that she wants to marry Manjesh Babu and to go with him. The father of the lst respondent, on the other hand, submitted that he has no objection to the marriage of his daughter with the petitioner provided the boy prepares to convert as a Muslim. Petitioner's mother's sister, Smt. Beena, is also present with her husband today. We have inter acted with them and we understand that the family of the petitioner is prepared to accept Shajitha P. Salim and they are agreeable to the marriage of the petitioner with Shajitha P. Salim. They are prepared to take care of Shajitha P. Salim until her marriage is performed, in accordance with law.