Petitioner filed a habeas corpus petition alleging his wife was detained by her father against her wishes. The Court found the wife was free and accompanied her father voluntarily, dismissing the petition.
Writ petition dismissed; remedy before Family Court remains available.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934
WP(Crl.) No. 491 of 2012 (S) ----------------------------
PETITIONER(S):
MOHAMMED SHAFEEQ K.A., AGED 23 YEARS S/O.HAMSA, KARUPPANVEETTIL HOUSE, EAST OTTAPPALAM KUMBARAMKUNNU, OTTAPPALAM.
BY ADV. SRI.T.H.ABDUL AZEEZ
RESPONDENT(S):
1. CIRCLE INSPECTOR OF POLICE, OTTAPPALAM – 679101.
2. MOHAMMED KASSIM
OTTAPPALAM.P.O.- 679101.
R1 BY ADV. GOVERNMENT PLEADER SRI.N.SURESH R2 BY ADV. SRI.BABU S. NAIR BY ADV. SRI.K.RAKESH
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BKA
WP(Crl.).No. 491 of 2012 (S)
APPENDIX
PETITIONER'(S) EXHIBITS:
EXT.P1 COPY OF THE AFFIDAVIT DATED 27.09.2012 SWORN TO BY THE 'WALI, MOHAMMED MUSTAFA. EXT.P2 COPY OF THE AGREEMENT DATED 01.09.2012 EXECUTED BY THE PETITIONER AND SWALIHA.
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
BKA
PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.
WP(Crl.) No: 491 OF 2012
Dated this the 9th day of October, 2012
J U D G M E N T
Pius C. Kuriakose, J.
This petition under Article 226 has been filed by the petitioner, who claims to be the duly wedded husband of Swaliha, daughter of the 2nd respondent, Sri.Mohammed Kassim, seeking a Writ of Habeas Corpus for the production of the body of Swaliha on the allegation that Swaliha is detained in his house by the 2nd respondent against her wishes.
WP(Crl.) No: 491 OF 2012
..2..
on 09.10.2012.
basis of the complaint submitted by the 2nd respondent, Swaliha was produced before a competent Judicial Magistrate and as she expressed her desire and willingness to accompany her father, the 2nd respondent, before the Magistrate, the learned Magistrate permitted her to accompany her father. Swaliha has come to this Court today accompanied by her father, the 2nd respondent.
WP(Crl.) No: 491 OF 2012
..3..
been separated from him for about one month now.
We make it clear that this judgment of ours dismissing the writ petition does not foreclose remedy, if any, available to the petitioner before the Family Court.
Sd/- PIUS C. KURIAKOSE, JUDGE
Sd/- BABU MATHEW P. JOSEPH, JUDGE
bka/-
1 issue framed by the court
Whether the Writ of Habeas Corpus sought for by the petitioner should be granted.
1 provisions across 1 enactments
MOHAMMED SHAFEEQ K.A.
CIRCLE INSPECTOR OF POLICE, OTTAPPALAM
MOHAMMED KASSIM
PIUS C. KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
