Petitioner filed a writ petition alleging illegal detention of her daughter, the 2nd respondent's wife, by the 2nd respondent and his foster parents. The court interacted with the wife and husband and found no evidence of illegal detention, thereby dismissing the petition.
Writ Petition closed; no directions issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN &
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 4TH DAY OF JULY 2012/13TH ASHADHA 1934
WP(Crl.).No. 314 of 2012 (S)
PETITIONER:
USHADEVI KUMARI,, AGED 44 YEARS W/O HANUMMAND, RESIDING AT RANIBENNUR HOUSE ASOKAPURAM KARA, ALUVA, ERNAKULAM DISTRICT.
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN
RESPONDENTS:
BY D.G.P., SHRI T ASAF ALI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL.) 314 OF 2012
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE AGREEMENT DATED 11.1.2012. EXHIBIT P2: TRUE COPY OF THE RECEIPT DATED 6.4.2012 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY //
K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,
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Dated this the 4th day of July, 2012
JUDGMENT
K.T. Sankaran J.,
The petitioner alleges that her daughter, Jyothi aged 25 years is under the detention of Jyothi's husband, K.K. Pradeep Kumar (2nd respondent) and his foster parents (respondents 3 and 4).
place on 19.2.2012. It is stated that a representation was made to
the petitioner and her husband that the parents of the 2nd respondent are not alive and that he has been looked after by his foster parents, namely respondents 3 and 4. It is also stated that before the marriage was solemnised, Ext.P1 agreement dated 11.1.2012 was executed, by which the 2nd respondent agreed to stay in the house of the petitioner after his marriage with Jyothi. It is alleged that
W.P.(Crl.) No.314 of 2012 :2:
contrary to Ext.P1 agreement, 2nd respondent forcefully took Jyothi
to his house and that she is illegally detained by respondents 2 to 4.
Jyothi stated that her mother is the cause of all troubles and that she does not allow Jyothi to live peacefully with her husband. It is also stated that her sister, who is married and living in Mysore, is also being troubled by her mother. It is stated by Jyothi that her mother is interested in litigations. Jyothi stated that she is not under the illegal detention of respondents 2 to 4.
But really they are alive. The petitioner also made some allegations against the third respondent and stated that his conduct towards Jyothi is not up to the mark.
W.P.(Crl.) No.314 of 2012
:3:
is not under the illegal detention of respondents 2 to 4.
In these circumstances, no directions are required to be issued
in this Writ Petition. The Writ Petition is, accordingly, closed.
K.T. SANKARAN,
(JUDGE)
M. L. JOSEPH FRANCIS, (JUDGE)
dl/
2 issues framed by the court
Whether Jyothi is illegally detained by respondents 2 to 4.
Whether the petitioner is seeking to challenge an agreement regarding residence after marriage.
Ushadevi Kumari
Sub Inspector of Police, Aluva
K.K. Pradeep Kumar
Sajeel Kumar
Srdeevi
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
