Allowed

Muralikrishna B v. State of Kerala

Kerala HC13 Feb 2012WP(Crl.)/48/2012

Case brief

AI extract

What is this about?

In this criminal writ petition for illegal detention, the petitioner sought release of his spouse from jail. The High Court interacted with the detenue who agreed to leave with the petitioner upon certain assurances; they will be allowed to go together.

What did the court decide?

The alleged detenue is allowed to go with the petitioner subject to assurances regarding the letter and religious conversion by both parties.

Muralikrishna B Vs State of Kerala — Constitutional and Fundamental Rights | 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.M.JOSEPH & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 13TH DAY OF FEBRUARY 2012/24TH MAGHA 1933 WP(Crl.).No. 48 of 2012 (S) ---------------------------

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PETITIONER:

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MURALIKRISHNA B S/O.C.A.BALAN, AGED 26 YEARS RESIDING AT KRISHNA VIHAR, THEKKUMURI LANE VENNALA P.O., KOCHI-682028. BY ADVS.SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.NIRMAL V NAIR SRI.ANISH JAIN SMT.M.A.JINSA MOL

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031. 2. LIMSY DAVID ISED ENCLAVE, HARITHA ROAD, VENNALA P.O. KOCHI-682028. R2 BY SMT.R.PADMAKUMARI R1 BY GOVERNMENT PLEADER, SRI E M ABDUL KHADER

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL.) 48 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : A TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE MARRIAGE OFFICER.

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RESPONDENT'S EXHIBITS: NIL

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// TRUE COPY //

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

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

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W.P.(Crl.) No.48 of 2012 S

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13^th day of February, 2012

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JUDGMENT

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K.M. Joseph J.,

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The petitioner is the husband of the alleged detenue, Nickitha. Alleging illegal detention by the 2^nd respondent, who is the mother of the alleged detenue the petition was filed.

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We interacted with the alleged detenue. Read order dated 7.2.2012. Today, pursuant to the order dated 7.2.2012, the petitioner and alleged detenue were present. The alleged detenue would say that she will go with the petitioner. However, she would point out certain aspects. Firstly, she would say that a letter written by her should be returned to her. The said letter was handed over to the alleged detenue by the learned counsel appearing for the petitioner in the Court today. Learned counsel for the petitioner says that no photocopy of the letter has been taken. The petitioner would also say that no photocopy of the same is taken. We record

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W.P.(Crl.) No.48 of 2012

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:2:

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the same. Secondly, the alleged detenue would say that she may be permitted to visit her mother. The petitioner would say that he has no objection in the alleged detenue visiting her mother. Thirdly the alleged detenue would say that she should not be compelled to convert from her religion to the religion of the petitioner. Petitioner would say that he will not compel the alleged detenue to convert to his religion. He would also say that the alleged detenue should not compel him to convert to her religion. The alleged detenue would say that she will not compel the petitioner to convert the petitioner to her religion. We record all the said submissions and dispose of the writ petition by allowing the alleged detenue to go with the petitioner.

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K.M. JOSEPH,

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(JUDGE)

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M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

Muralikrishna B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muralikrishna B v. State of Kerala

Case brief

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What did the court decide?

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