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Brahmadasan vs State Of Kerala

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

Mohanan, J.
The petitioner is the father of one 'Akhila Das' and he preferred this writ petition under Art.226 of the Constitution of India stating that his daughter, who is studying for 2nd year B. Com Degree in the Namboothiri's College at Thiruvalla, has not returned to home till 7 p.m. on 19/11/2014, though she left the house at 7.30 a.m. on that day and on enquiry, according to the petitioner, he realised that the 5th respondent had abducted his daughter. It is the further case of the petitioner that though a complaint was lodged in the concerned Police Station, no effective step is taken and therefore, he preferred this writ petition praying, inter alia, to issue a writ of habeas corpus or any other appropriate writ or order directing the respondents to produce the body of the detenue namely 'Akhila Das' before this Court from the illegal custody of the 5th respondent and set her at liberty to go along with the petitioner.
2. When the writ petition came up for consideration, by order dated 26/11/2014, while issuing notice to the 5th respondent, we directed him to produce the detenue before this Court and the respondents 2 to 4 were directed to see that the said direction is complied with. Thus, when the matter is taken up on 10/12/2014, all the parties concerned, including the 5th respondent and his parents and the petitioner and his wife were appeared before us and the detenue was also appeared before us in person. Thus, we have interacted with them. During our interaction, we felt that if the parties are sit together in the presence of a Mediator, the dispute could have been settled and accordingly, we directed the Registry to place the matter before the Kerala Mediation Centre at 11.30 a.m. on 10/12/2014 itself and accordingly, we directed them to go for mediation. Thereafter, we again heard the matter after lunch on 10/12/2014. In the meanwhile, the Nodal Officer of the Kerala Mediation Centre forwarded a report of the Mediator to this Court and as per the report submitted by the Mediator, it is stated that the matter is settled and mediated and a memorandum of agreement is also attached to the said report. The said memorandum of agreement forms part of this judgment. When we interacted with the parties, they submitted before us that they are proposed to undergo a formal marriage proceeding for which they sought time and accordingly, we adjourned the further consideration of the matter to this date.
3. Thus, we taken up the matter today morning during which the 5th respondent and the daughter of the petitioner are present and their parents are also present. Again, we interacted with them and we are told that the 5th respondent and the daughter of the petitioner had undergone the marriage proceedings and their marriage was solemnized on 14/12/2014 at Gurumandiram, S.N.D.P. Branch No.525 at Ponakam, Mavelikkara, in accordance with the rites and customs of the community. The 5th respondent has produced a certificate dated 15/12/2014 duly signed by the Secretary, S.N.D.P. Branch No.525, Ponakam, Mavelikkara. The 5th respondent and the daughter of the petitioner submitted that after their marriage, they were residing together.
4. In the light of the subsequent developments, pursuant to the filing of the above writ petition, it is crystal clear that the daughter of the petitioner is not under the illegal custody of anybody and at present, she is the legally wedded wife of the 5th respondent. That being the position, no further orders are warranted and this writ petition is closed accordingly.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge
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Title

Brahmadasan vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • Smt
  • G Vidya