Allowed

Ajithkumar T.K. v. the Superintendent of Police

Kerala HC27 Jun 2012WP(Crl.)/229/2012

Case brief

AI extract

What is this about?

In a writ petition invoking habeas corpus, the Court directed the production of the girl involved in a love-jail situation for immediate marriage registration under the Special Marriage Act, conditional upon such registration.

What did the court decide?

Directed release of the girl for marriage registration under Special Marriage Act; if not registered, return her to hostel. Expenses to be borne by petitioner.

Ajithkumar T.K. Vs the Superintendent of Police — Matrimonial and Divorce | 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 & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH DAY OF JUNE 2012/6TH ASHADHA 1934 WP(Crl.).No. 229 of 2012 (S) ----------------------------

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PETITIONER: -------------

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AJITHKUMAR T.K., AGED 26 YEARS S/O.LATE T.KUMARAN, THALIYIL HOUSE, NADAKKAVU UDINUR POST, KASARAGOD (DISTRICT). BY ADVS.SRI.BABU CHERUKARA SRI.P.A.SALIM

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RESPONDENTS:

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THE SUPERINTENDENT OF POLICE KANNUR, PIN 670001. 2. THE CIRCLE INSPECTOR OF POLICE PAYYANNUR, KANNUR DISTRICT PIN 670307.

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THE SUB INSPECTOR OF POLICE PERINGOME POLICE STATION, (VIA) CHERUPUZHA, KANNUR PIN 670307. 4. TOMY PANAKKAPILLY, CHERUPUZHA P.O., PANDIKKADAVU KANNUR, PIN 670511. BY ADV. SRI.GEORGE MATHEWS BY ADV. SMT.CELINE JOSEPH BY A.D.G.P., SHRI K I ADUL RASHEED THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.CRL.229 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE BEARING NO.L303544 IN THE NAME OF THE CANDIDATE CHINCHU P TOMY

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EXT.P2 : TRUE COPY OF THE RECEIPT DATED 26.5.2012 FOR THE FEE REMITTED FOR GIVING NOTICE FOR REGISTRATION OF MARRIAGE.

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RESPONDENT'S 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.229 of 2012 S

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

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Dated this the 27^th day of June, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The petitioner, Ajithkumar T.K. prays for issuing a writ of habeas corpus to direct respondents 1 to 3 to produce the body of the alleged detenue, Ms.Chinchu P Tomy, daughter of the 4^th respondent before Court and to set her at liberty.

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When the writ petition came up for hearing on 21.5.2012, we passed the following order:

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“The petitioner alleges that he is in love with Ms.Chinchu P. Tomy, daughter of the fourth respondent and that she is under illegal detention of the fourth respondent. Shri. Gracious Kuriakose, learned senior counsel appearing for the fourth respondent submits the following. The averments in the writ petition that the petitioner and

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W.P.(Crl.) 229 of 2012

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:2:

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Ms.Chinchu P. Tomy are in love with each other is true. About 3 months back, they tried to elope and while so, they met with a motor accident at Uppala, Kasargode. They were admitted in the hospital. The bills in the hospital were paid by the fourth respondent. Ms.Chinchu P. Tomy accompanied the fourth respondent and she was with the fourth respondent. Again Ms.Chinchu P.Tomy wanted to go with the petitioner. Efforts to persuade her failed. It is submitted that the fourth respondent is not prepared to recognise the petitioner as his son-in-law. At the same time, the fourth respondent is aware of the rights of Ms.Chinchu P. Tomy, a girl, who has attained majority. The senior counsel also submitted that the fourth respondent is suffering from heart ailments. After the incident, the wife of the fourth respondent fell ill and she was in the hospital. It is submitted that the wife of the fourth respondent is still in the hospital.

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(ii). Shri. Gracious Kuriakose submits that the fourth respondent is prepared to produce Ms.Chinchu P.Tomy before the 2^nd respondent on any date fixed by this Court, so that she can be produced before this Court by the 2^nd respondent. Sri. Babu Cherukara, learned counsel for the petitioner has no objection to this suggestion.

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(ii). Accordingly the following directions are issued:

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4^th respondent shall produce Ms.Chinchu P.Tomy before the Circle Inspector of Police, Payyannur between

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W.P.(Crl.) 229 of 2012

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:3:

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9.00 a.m. and 11.00 a.m. on 23.5.2012. The 2^nd respondent shall produce the girl(Ms.Chinchu P.Tomy) before this Court on 24.5.2012. Post on 24.5.2012.”

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On 24.5.2012, the case was taken up and this Court passed the following order:

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“Read the order dated 21.5.2012.

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(ii). Ms.Chinchu P.Tomy is produced before Court. The petitioner is also present. They stated that their idea is to register the marriage under the Special Marriage Act.

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(iii). In the circumstances, Ms.Chinchu P.Tomy is directed to stay in Santhi Niketan Hostel, near Lourdes Hospital, Pachalam. The petitioner shall meet all the expenses for her stay in the hostel. The formalities for registration of the marriage shall be completed as early as possible. If the presence of Ms.Chinchu P.Tomy is necessary for submitting the application, she can be taken from the hostel, accompanied by a woman Civil Police Officer, and she shall be returned to the hostel on the same day.

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(iv. Post on 27.6.2012. Ms.Chinchu P.Tomy shall be produced before this Court on that day. The petitioner shall also be present.

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Ms.Chinchu P.Tomy shall be taken to the Santhi

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W.P.(Crl.) 229 of 2012

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Niketan Hostel by a woman Civil Police Officer, not in uniform.”

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It is submitted by Chinchu P. Tomy and Ajithkumar

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that notice under the Special Marriage Act was given on 26.5.2012 to register their marriage. They expressed their desire

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to register their marriage immediately. The parents of Chinchu are not present today.

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Accordingly the Writ Petition is disposed of, as follows.

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(i) A woman civil police officer, not in uniform, shall take Chinchu P. Tomy to the office of the Marriage Officer, Thrikkaripoor, Kasargod District on 28.6.2012.

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(ii) If the marriage of Ajithkumar and Chinchu P. Tomy is registered before the Marriage Officer, they would be free to go to any place of their choice.

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(iii) If the marriage is not registered as aforesaid, Chinchu

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P. Tomy shall be taken back to the Santhinikethan Hostel, Pachalam, Ernakulam.

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W.P.(Crl.) 229 of 2012

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(iv) All the expenses for the stay of Chinchu P. Tomy in

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the Santhinikethan hostel, shall be cleared by the petitioner.

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(v) The petitioner shall produce the marriage certificate before this Court on 10.7.2012.

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Post on 10.7.2012, for reporting compliance of the

directions.

Hand over.

Sd/

K.T. SANKARAN,

(JUDGE)

sd/ M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

Ajithkumar T.K. v. the Superintendent of Police

Case brief

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Ajithkumar T.K. v. the Superintendent of Police

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