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Judgment
Alexander Thomas, J.
The prayers in the instant Writ Petition (Criminal) seeking for Habeas Corpus are as follows:
"1) To issue a Writ of Habeas Corpus directing the Respondents 1 to 3 to produce the person, Miss. Asmabi T., aged 21 years, D/o.Ismail T., Thottiyil House, Pakara Thindipara, Thanalur P.O., Malappuram District-676307 (Detenu) before this Hon'ble Court forthwith;
2) To dispense with filing of the translation of Vernacular documents And
3) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice."
Heard Sri.K.J.Joseph, learned counsel appearing for the petitioner, Sri.E.C.Bineesh, learned Prosecutor appearing for official respondents 1 & 2 and Sri.P.T.Sheejish, learned counsel appearing for contesting respondent No.3 (father of the alleged detenue).
The case set up in the above Writ Petition (Criminal) is to the effect that, the petitioner, aged 26 years, is a religious teacher in a Sunni Madrassa and that he is having love affair with the alleged detenue (Ms.T.Asmabi, aged 21 years, daughter of R-3) for the last three years and that the two had met when the alleged detenue had come to attend religious classes, etc. Further that, the petitioner and the alleged detenue have decided to conduct their marriage and live together and that R-3 is opposed to that, and that the alleged detenue is now in the confinement of R-3 and his wife.
Earlier we had issued notice in the case and had interacted with the alleged detenue, her mother (the wife of R-3) as well as the petitioner. We are then apprised by the wife of R-3 that R-3 is now in Qatar for employment purposes and he will come back within 6 months and thereafter, he would conduct the marriage of the alleged detenue with the petitioner, etc. The counsel for R-3 then also submitted that the case may be adjourned to enable him to ensure that an affidavit of the wife of R-3 is filed before this Court, on behalf of R-3, to state the abovesaid factual aspects.
Today, Sri.P.T.Sheejish, learned counsel appearing for R-3 has submitted that as authorised by R-3, his wife (mother of the alleged detenue) has filed an affidavit dated 10.11.2022 before this Court regarding the abovesaid factual aspects and the same reads as follows:
"I, Khadeeja, aged 48 years, W/o Ismayil, residing at Thottiyil House, Tanalur, Tirur, Malappuram, Kerala, do hereby solemnly affirm and state as follows:
That, I am the wife of the 3rd Respondent in the above mentioned Writ Petition (Crl). I know the facts and circumstances of the case and am competent to swear to this affidavit.
That, I am the mother of the detenue in the above case. I, on behalf of myself and my husband, who is the 3rd respondent in the above case swear that, I am ready and willing to conduct the marriage of my daughter / detenue with the above petitioner, after 6 months, as soon as my husband comes back from abroad.
My husband was constrained to leave abroad as his employment demanded so."
Today also we have interacted with the alleged detenue, R-3 (her father) as well as her mother. R-3 and his wife has told us that, R-3 would require atleast 6 months' time to come back from Qatar to Kerala and thereafter, R-3 would take the initiative to conduct the marriage of the alleged detenue with the petitioner. The alleged detenue has told us that in view of these aspects, she will reside with her mother on the understanding that her marriage with the petitioner would be conducted within the time limit, as mentioned above.
We place on record the respective submissions made by the abovesaid parties concerned. From the abovesaid submissions, it appears that the alleged detenue is not under the unlawful or illegal detention of R-3 or his wife. The parties have reached some consensus. Further, it is made clear that the alleged detenue has liberty to carry out her wishes in the manner she deems fit and proper. No other orders and directions are called for.
With these observations and directions, the above Writ Petition (Criminal) will stand disposed of.