Allowed

Aboobacker v. Muhammed K.M. and Others

Kerala HC30 Nov 2010WP(Crl.)/457/2010

Case brief

AI extract

What is this about?

A habeas corpus petition filed to trace the petitioner's wife and son alleged to be illegally detained by her relatives settled the matter. The court allowed the petition as the petitioner and detenue were happily residing together.

What did the court decide?

The writ petition allowed. The alleged detenue permitted to leave court with the petitioner. No further directions necessary.

Aboobacker Vs Muhammed K.M. and Others — Constitutional and Fundamental Rights | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932

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WP(Crl.).No. 457 of 2010(S)

PETITIONER(S):

ABOOBACKER, AGED 30 YEARS, S/O.K.P.AHAMMED, KELAM PULAKKAL, EERUMAPETTY, THRISSUR DISTRICT.

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BY ADV. SRI.B.V.JOY SANKER

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SRI.PRAMJI PAUL VAZHAPPILLY

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RESPONDENT(S):

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MUHAMMED K.M., KIZHAKKEPATT, PERUMBILAVU, THRISSUR DISTRICT.

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SUB INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680503.

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SUPERINTENDENT OF POLICE, THRISSUR, PIN-680501.

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STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM-695001.

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BY SR. GOVT. PLEADER SHI.K.J. MOHAMMED ANZAR.

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R. BASANT & K. SURENDRA MOHAN, JJ.

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------------------------------------------------W.P.(Cri) No. 457 of 2010-S

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------------------------------------------------Dated this the 30^th day of November, 2010

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JUDGMENT

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Basant,J.

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This judgment must be read in continuation of the earlier orders passed by us on 23/11/10 and 26/11/10.

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The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife `Shabida' - a woman aged about 19 years and their two year old son. The petitioner alleged that his wife and son were being detained and confined illegally by the relatives of his wife.

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This petition was not admitted; but the alleged detenue appeared before this Court on 26/11/10. We interacted with the spouses and their relatives. We noted happily that the parties had agreed to settle their outstanding disputes. Accordingly,

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W.P.(Cri) No. 457 of 2010 -: 2 :-

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the alleged detenue/wife went along with her mother and paternal uncle on 26/11/10. Later she was taken from her house to the house of the petitioner by the petitioner on 28/11/10. They resided together there on 28^th and 29^th November, 2010 and today they have come to this Court together.

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The petitioner is represented by his counsel. The 1^st respondent and the mother of the alleged detenue are not present. The petitioner and the alleged detenue state before us that all disputes between them have been settled and they are happily residing together now. They intend to go together to the house of the alleged detenue today. They intend to shift to the rented accommodation secured by them on 1/12/10. No further directions are, in these circumstances, necessary, parties having settled all their outstanding disputes.

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The mother of the petitioner has also come to Court. We have interacted with the petitioner, the alleged detenue and the mother of the petitioner in the Chamber. The learned counsel for the petitioner and the learned Government Pleader were present.

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This writ petition is, in these circumstances, allowed.

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W.P.(Cri) No. 457 of 2010 -: 3 :-

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As desired by the alleged detenue, she is permitted to leave this Court along with the petitioner - her husband.

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Sd/-

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R. BASANT (Judge)

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Sd/-

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K. SURENDRA MOHAN (Judge)

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Nan/

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//true copy//

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P.S. to Judge

Aboobacker v. Muhammed K.M. and Others

Case brief

What is this about?

What did the court decide?

Aboobacker v. Muhammed K.M. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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