Disposed

Muhammed Fawas M.T. v. the Sub Inspector of Police, Kattapana

Kerala HC11 Jun 2012WP(Crl.)/249/2012

Case brief

AI extract

What is this about?

The Court granted liberty to Alphonsa V. Thomas to leave a hostel to register her marriage with Muhammad Fawas M.T. under the Special Marriage Act within a short timeframe, subject to her return if the marriage fails. Petitioner ordered to produce the certificate.

What did the court decide?

Liberty allowed to the respondent (girl) to leave the hostel on 12.06.2012 to register marriage with petitioner. She must return to the hostel if marriage fails. Petitioner to file marriage certificat

Muhammed Fawas M.T. Vs the Sub Inspector 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 MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934 WP(Crl.).No. 249 of 2012 (S) ----------------------------

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PETITIONER:

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MUHAMMED FAWAS M.T., AGED 26 YEARS S/O. M.T.MUHAMED, CHANDRIKA MANZIL, NEAR C.H.COLONY MARYKUNNU P.O., KOZHIKODE-673012. BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S.

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RESPONDENTS:

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THE SUB INSPECTOR OF POLICE KATTAPANA POLICE STATION, IDUKKI. 2. V.THOMAS, AGED 56 YEARS VAZHAYIL HOUSE, VELLAYAMKUDY P.O., KATTAPANA IDUKKI.

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BY ADV. SRI.DINNY THOMAS BY ADV. SRI.ALBERT V.JOHN BY A.D.G.P., SHRI K I ABDUL RASHEED.

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL.) NO.249 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 SERIES : TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER AND DETAINEE.

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EXT.P2 : TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT ISSUED BY CHEVAYOOR SUB REGISTRY.

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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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Dated this the 11^th day of June, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The allegation in the Writ Petition is that Alphonsa V. Thomas was illegally detained by respondent no.2, her father. Mohammed Fawas M T, the petitioner stated that he was employed in Mumbai and at present he is employed in London. Alphonsa was working as a nurse in Kasthurba Hospital of MGIMS, Sevagram, Maharashtra. It is stated that the petitioner and Alphonsa fell in love in 2007. On 10.5.2012, notice was given by them under the Special Marriage Act.

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When the Writ Petition was taken up for hearing on 28.5.2012, we passed the following order:

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“Alphonsa V. Thomas, the petitioner and the 2^nd respondent (father of Alphonsa V Tomas) are present. We

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W.P.(Crl.) No.249 of 2012

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interacted with all of them.

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(ii). Alphonsa stated that she wants to marry the petitioner. It is stated that they had lived together, as husband and wife, at Pune and at Nagpur. They are having relationship, since 2007. Alphonsa also stated that she does not like to go with her parents.

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(iii). It is stated by Alphonsa and Mohammed Fawas (petitioner) that notice under the Special Marriage Act, was given on 10.5.2012.

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(iv). The father of Alphonsa stated that he is given to understand that the petitioner has married another lady and he has a child in that wedlock. He sought a short time to ascertain the real fact.

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(v). In the facts and circumstances of the case, we are of the view that Alphonsa shall be permitted to stay in the Santhi Nikethan hostel, near Lourdes hospital, Pachalam, Ernakulam. The case shall be taken on 11.6.2012, on which date, the petitioner, Alphonsa and the 2^nd respondent shall be present, before the Court. Meanwhile, the learned Government Pleader will also make every endeavor to ascertain whether the petitioner is already married. The expenses for the stay of Alphonsa in the hostel shall be met by the 2nd respondent. A woman Civil Police Officer, not in uniform, shall take Alphonsa to

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W.P.(Crl.) No.249 of 2012

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the said hostel today and shall be brought to this Court, on 11.6.2012.

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Post on 11.6.2012.”

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Today, the petitioner, Alphonsa V.Thomas and the 2^nd respondent are present. Alphonsa and the petitioner reiterated that they would like to register their marriage before the Registrar of Marriages, Chevayoor, Kozhikode. It is stated that all arrangements have been made to register the marriage on 12.6.2012 itself.

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In the facts and circumstances, Alphonsa V. Thomas is free to leave the Santhi Nikethan hostel on 12.6.2012, for the purpose of registering the marriage. She shall be accompanied by a woman civil police officer to the office of the Registrar of Marriages, Chevayoor, Kozhikode. If the marriage of Muhammed Fawas and Alphonsa V. Thomas takes place, they would be free to go to any place of their choice. If the marriage does not take place, the woman civil police officer shall bring back Alphonsa to the Santhi Nikethan hostel, Ernakulam.

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W.P.(Crl.) No.249 of 2012

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After the registering the marriage, the petitioner shall produce the marriage certificate before this Court on 20.6.2012.

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Today, Alphonsa V. Thomas shall be taken to the Santhi Nikethan hostel, Ernakulam by a woman civil police officer, not in uniform. The petitioner shall pay all the dues in the hostel forthwith.

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The Writ Petition is, disposed of as above.

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For reporting compliance, post on 20.6.2012.

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Hand over copy today itself.

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K.T. SANKARAN, (JUDGE)

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M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

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W.P.(Crl.) No.249 of 2012

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K.T.SANKARAN &

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M.L.JOSEPH FRANCIS JJ.,

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W.P.(Crl.) No.249 of 2012 S

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Dated this the 28^th day of May, 2012

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ORDER

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K.T. Sankaran J.,

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Alphonsa V. Thomas, the petitioner and the 2^nd respondent

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(father of Alphonsa V Tomas) are present. We interacted with all of them.

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Alphonsa stated that she wants to marry the petitioner. It

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is stated that they had lived together, as husband and wife, at Pune and at Nagpur. They are having relationship, since 2007. Alphonsa also stated that she does not like to go with her parents.

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It is stated by Alphonsa and Mohammed Fawas (petitioner) that notice under the Special Marriage Act, was given on 10.5.2012.

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The father of Alphonsa stated that he is given to

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W.P.(Crl.) No.249 of 2012

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understand that the petitioner has married another lady and he has a child in that wedlock. He sought a short time to ascertain the real fact.

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In the facts and circumstances of the case, we are of the view that Alphonsa shall be permitted to stay in the Santhi Nikethan hostel, near Lourdes hospital, Pachalam, Ernakulam. The case shall be taken on 11.6.2012, on which date, the petitioner, Alphonsa and the 2^nd respondent shall be present, before the Court. Meanwhile, the learned Government Pleader will also make every endeavor to ascertain whether the petitioner is already married. The expenses for the stay of Alphonsa in the hostel shall be met by the 2nd respondent. A woman Civil Police Officer, not in uniform, shall take Alphonsa to the said hostel today and shall be brought to this Court, on 11.6.2012.

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Post on 11.6.2012.

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K.T. SANKARAN, (JUDGE)

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W.P.(Crl.) No.249 of 2012

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M. L. JOSEPH FRANCIS, H/o. (JUDGE)

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dl/

Muhammed Fawas M.T. v. the Sub Inspector of Police, Kattapana

Case brief

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Muhammed Fawas M.T. v. the Sub Inspector of Police, Kattapana

Case brief

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