Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Saneesh K

High Court Of Kerala|12 November, 2014
|

JUDGMENT / ORDER

Mohanan, J. The petitioner herein, alleging that 'Sanfiya', aged 22 years, under the illegal custody of the 6th and 7th respondents, preferred this writ petition and sought for the issuance of a writ of habeas corpus or any other direction commanding the respondents to produce the body of Sanfiya before this Court and set her at liberty.
2. While admitting the above writ petition on 29/9/2014 and issuing notice to the 6th and 7th respondents, the 7th respondent was directed to produce the detenue before this Court and the 1st respondent was directed to provide necessary protection for the same. Thus, the detenue was produced before this Court on 1/10/2014 and this Court, after interaction with the detenue and others concerned, issued an order dated 1/10/2014. In the said order it is observed as follows:
“Since the girl is a major, we will not be justified in disregarding her wishes in this matter. Therefore, the formalities under the Special Marriage Act will have to be undertaken by the parties. For the present, we allow the girl to continue to stay in the Mahila Mandiram, namely with the 7th respondent and the Police Officer present will take back the girl for residing in the Mahila Mandiram.”
In the very same order, this Court permitted the petitioner and the detenue to sign the joint application for giving notice under the Special Marriage Act before the competent authority. Thereafter, this Court by another order dated 6/11/2014, permitted the petitioner to take the detenue, who was directed to be lodged under the 7th respondent, for the purpose of registering the marriage under the Special Marriage Act for which they have already issued notice as mentioned in the order dated 1/10/2014.
3. Thus, when the matter is taken up today, both the petitioner as well as the detenue are present and they have submitted before us that their marriage was formally registered before the Marriage Officer, Alathur, and they have produced a photocopy of the Certificate of Marriage issued by the said Officer. The detenue herein is aged 22 and she is a major and she submitted before us that her marriage with the petitioner has been formally registered and she is the legally wedded wife of the petitioner. Though the 6th and 7th respondents entered appearance on earlier occasions, nobody is present today and there is no representation for them.
As the detenue is a major and she is now married by the petitioner, she is permitted to go according to her will and pleasure.
This writ petition is accordingly closed.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Saneesh K

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • Sri
  • V A Johnson