Petitioner challenged the custody of his wife and two minor children allegedly kept in illegal detention by her father and brothers in Chennai. The court interacted with the wife, who stated she lived peacefully there and refused to return, leading to closure of the writ petition.
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 THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934 WP(Crl.).No. 315 of 2012 (S)
PETITIONER:
MUHAMMED ABOOBACKER, AGED 37 YEARS S/O. MEERAN MALIK MUHAMMED, RESIDING AT ALMANAR HOUSE, KAIRALI GARDENS RC THERUVU, VENGANOOR DESOM PALLICHAL BALARAMAPURAM, THIRUVANANTHAPURAM.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENTS:
BY ADV. SRI.TOM JOSE PADINJAREKKARA, A.D.G.P BY ADV. SRI.DIJO SEBASTIAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL.) NO.315 OF 2012
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1-TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY KHAZI MOHAMMED KALEEMULLAH, CHENNAI.
EXHIBIT-P2-TRUE COPY OF THE FIR CRIME NO. 537/2012 OF THE BALARAMAPURAM POLICE STATION DATED 12/06/2012.
RESPONDENT'S' EXHIBITS: NIL
// TRUE COPY //
K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.315 of 2012 S
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 19th day of July, 2012
JUDGMENT
K.T. Sankaran J.,
The allegation made by the petitioner is that his wife, Ayesha Aboobacker and two minor children were taken to Chennai, by her brother on 24.5.2012. It is alleged that the wife and children of the petitioner are in the illegal custody of respondents 4 to 6. The sixth respondent is the father-in-law and respondents 4 to 5 are brothersin-law of the petitioner.
W.P.(Crl.) No.315 of 2012
:2:
stated in clear terms that she is living with her father and relatives peacefully and that she is not under the illegal detention of respondents 4 to 6. She also stated that she is afraid to go with the petitioner. We allowed the petitioner and Ayesha Aboobacker to interact with each other for about half an hour. Even thereafter, Ayesha Aboobacker stated that she is not willing to go with the petitioner.
In the facts and circumstances mentioned above, we are of the view that no directions need to be issued in the Writ Petition. The Writ Petition is, accordingly, closed.
SD/
K.T. SANKARAN, (JUDGE)
SD/
M. L. JOSEPH FRANCIS, (JUDGE)
dl/
2 issues framed by the court
Whether to issue directions for the release of the petitioner's wife and children from the alleged illegal custody of the respondents.
Whether the wife and minor children were living peacefully with her father and brother.
Muhammed Aboobacker
Superintendent of Police (Rural), Neyyattinkara
Circle Inspector of Police, Neyyattinkara
Sub Inspector of Police, Balaramapuram Police Station
Murugn Subramani
Gajendra Subramani
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
