Kerala High Court
Padmini Aged 41 Years vs The Sub Inspector Of Police on 23 February, 2015
Author: P.V.Asha
Bench: T.R.Ramachandran Nair, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936
WP(Crl.).No. 16 of 2015 (S)
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PETITIONER:
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PADMINI AGED 41 YEARS
W/O.PREMKUMAR, AMBAZHATHIL HOUSE, ENADI
ARIMANAL P.O, KALIKAVU, NILAMBUR
MALAPPURAM DISTRICT
BY ADV. SRI.C.K.MOHANAN
RESPONDENTS:
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1. THE SUB INSPECTOR OF POLICE, KALIKAVU POLICE STATION
MALAPPURAM DISTRICT PIN 676 525
2. THE CIRCLE INSPECTOR OF POLICE,
VANDOOR MALAPPURAM DISTRICT PIN 676 505
3. THE SUPERINTENDENT OF POLICE
MALAPPURAM PIN 676 505
4. DIRECTOR GENERAL OF POLICE(LAW & ORDER)
POLICE HEADQUARTERS, TRIVANDRUM 695 001
5. SHAFI, AGED 20 YEARS
S/O.HUSSAIN, VIRIPPAKKIL HOUSE, KAPPU
PALLIPADI, VETTATHUR (PO) PIN 679 326, PERINTHALMANNA
MALAPPURAM DISTRICT
6. HUSSAIN, AGED 50 YEARS
VIRIPPAKKIL HOUSE, KAPPU, PALLIPADI
VETTATHUR (PO) PIN 679 326, PERINTHALMANNA
MALAPPURAM DISTRICT
7. SAINABA, AGED 45 YEARS
W/O.HUSSAIN, VIRIPPAKKIL HOUSE, KAPPU
PALLIPADI, VETTATHUR (PO) PIN 679 326, PERINTHALMANNA
MALAPPURAM DISTRICT
R1-R4 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION
R6,R7 BY ADV. SRI.C.M.KAMMAPPU
R5 BY ADV. SRI.P.M.HABEEB
BY GOVERNMENT PLEADER SRI.P.S.ABDUL KAREEM
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR &
P.V.ASHA, JJ.
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W.P.(Crl)No.16 OF 2015
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Dated this the 23rd day of February, 2015
JUDGMENT
Ramachandran Nair, J.
This writ petition is filed by the petitioner who is the mother of Ms.Santhini, seeking for various reliefs, including one to direct respondents 1 to 4 to produce the detenue before this Court.
2. The case pleased is that appellant's husband is bed ridden due to paralysis and they have got three daughters. The detenue, it appears had left with the fifth respondent, who is a student of the college in which Ms.Santhini is studying. When the matter came up for consideration by a Division Bench of this Court, a detailed interim order was passed on 28/1/2015 whereby the detenue was directed to be admitted in SNV Sadanam Hostel, Ernakulam.
3. On the last occasion, when she was produced before this Court on 13.2.2015, she wanted to visit her father, who is laid up. It is evident from the said order that a notice under Special Marriage Act W.P.(Crl)No.16/2015 2 was given on 11.02.2015.
4. Today, the girl is present along with her mother and the fifth respondent is also personally present. The girl namely Ms.Santhini submitted that she wants to go along with her mother and to continue her studies and she does not want to continue the affair with the fifth respondent. It is also stated that even though notice under Special Marriage Act has been given, she want to go back on the same. It is also requested that the gold ornaments entrusted to the fifth respondent may be directed to be returned.
5. We have interacted with the fifth respondent also who appeared to be upset by the sudden change of mind of the girl.
6. We heard the learned counsel on both sides.
7. Since the girl is a major, she is competent to take a decision with regard to her future. We ascertained repeatedly from her as to whether she has taken the decision consciously. Accordingly to her, she has taken a conscious decision in the matter.
8. In that view of the matter, we allow her to go on her free will with the mother. As far as the return of gold ornaments are W.P.(Crl)No.16/2015 3 concerned, since it is admitted by the fifth respondent that the girl has entrusted her gold ornaments with her and he has not brought it today, he will produce it before the concerned police station and the Sub Inspector of Police of the station will see that the gold is handed over to the girl or her parents. The learned Public Prosecutor will take steps in the matter.
The writ petition is disposed of accordingly.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.