Disposed

Mohammed Siddique v. Circle Inspector of Police

Kerala HC22 May 2012WP(Crl.)/139/2012

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding the custody of a girl, Anupama. The petitioner sought her release for marriage registration. The court ordered her return to the institution with a police constable and restored the petition if marriage registration fails.

What did the court decide?

Return of the girl to the Santhi Nikethan hostel with a woman police constable, pending marriage registration; restoration of the petition if registration fails.

Mohammed Siddique Vs Circle Inspector of Police — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934 WP(Crl.).No. 139 of 2012 (S)

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PETITIONER:

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MOHAMMED SIDDIQUE, AGED 24 YEARS AGED 24 S/O.ABDUL VAHID RESIDING AT AIREL PUTHENVEEDU PARAVILA, PACHALOOR P.O TRIVANDRUM DISTRICT

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BY ADV. SRI.RAJESH P.NAIR

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RESPONDENTS:

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CIRCLE INSPECTOR OF POLICE VIZHINJAM POLICE STATION VIZHINJAM 695 521

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THE SUB INSPECTOR OF POLICE

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KOVALAM POLICE STATION KOVALAM THIRUVANANTHAPURAM 695 527

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SOBHA

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W/O.GOPALAKRISHNAN NAIR RESIDING AT PARAKKAL MELEVEEDU PACHALLOOR PACHALLOOR P.O THIRUVANANTHAPURAM 695 027

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ABHAYA/VARADA

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REP.BY ITS DIRECTOR VANCHIYOOR P.O THIRUVANANTHAPURAM 695 001

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STATE OF KERALA

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REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM

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BY ADV. SRI.P.A.AHAMMED BY ADV. SRI.THOUFEEK AHAMED BY ADV. SRI.P.V.ANIL

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BY D.G.P., SHRI K I ABDUL RASHEED

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL.) 139 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF ANUPAMA S.G.

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EXT.P2 : TRUE COPY OF RECEIPT DATED 16.4.2012.

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY //

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K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.139 of 2012 S

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 22^nd day of May, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The petitioner states that he is in love with Anupama S.G, daughter of the 3^rd respondent, for the last five years. His grievance is that Anupama is under the illegal detention of the 3^rd respondent.

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It is also stated that later, Anupama was admitted in the fourth respondent's institution, against her wish.

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A Division Bench of this Court passed orders dated

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29.3.2012, 4.4.12 and 10.4.2012. Anupama was directed to stay in the Santhi Nikethan hostel, Pachalam, for the time being. The third respondent interacted with Anupama. It is stated by the counsel for the third respondent that Anupama is not willing to join her parents. The father of Anupama is working abroad. He came down to India

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W.P.(Crl.) No.139 of 2012

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:2:

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and tried to interact with his daughter, Anupama. But she refused

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to interact with her father. The petitioner and his parents are also present in Court.

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It is stated by the petitioner and Anupama that application was made by them, before the Registrar of Marriages to register the marriage, under the Special Marriage Act. It is also stated that statutory notice was issued and the marriage can be registered at any time.

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Learned counsel for the petitioner submitted that the marriage can be registered on 24.5.2012. Anupama shall be taken from the Santhi Nikethan hostel to Thiruvananthapuram for the purpose of registering the marriage on 24.5.2012 and she shall be accompanied by a woman police constable, not in uniform. If the marriage is registered, the petitioner would be free to take Anupama with him. If the marriage is not registered, Anupama shall be put back in the Santhi Nikethan hostel. Before taking Anupama from the hostel, all the dues payable to the hostel authorities shall be paid by the petitioner.

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W.P.(Crl.) No.139 of 2012

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:3:

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Today, Anupama shall be sent back to the Santhi Nikethan

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hostel, along with a woman police constable, not in uniform. In case the marriage is not registered, the matter shall be reported, in which case, the Writ Petition will stand restored.

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The Writ Petition is disposed of as above.

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K.T. SANKARAN,

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(JUDGE)

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M. L. JOSEPH FRANCIS,

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(JUDGE)

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dl/

Mohammed Siddique v. Circle Inspector of Police

Case brief

What is this about?

What did the court decide?

Mohammed Siddique v. Circle Inspector of Police

Case brief

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