Dismissed

Chandu Raj v. the State Police Chief Thiruvananthapuram

Kerala HC9 Oct 2012WP(Crl.)/502/2012

Case brief

AI extract

What is this about?

The petitioner filed a writ petition under Article 226 alleging illegal detention of his fiancee, Kumari Ashitha, by her relatives to force marriage under the Special Marriage Act. The court interacted with Ashitha, who denied illegal detention and stated she was no longer interested in marrying the petitioner, thereby dismissing the petition.

What did the court decide?

The writ petition was dismissed. Respondents 6 to 8 and Respondents 1 to 4 were directed to ensure no trouble to the peaceful life of the petitioner.

Chandu Raj Vs the State Police Chief Thiruvananthapuram — 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 PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934

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WP(Crl.).No. 502 of 2012 (S)

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PETITIONER(S):

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CHANDU RAJ, AGED 23 YEARS

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S/O.NADARAJAN, ATHIRA, ENATHU VILLAGE

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PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENT(S):

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1. THE STATE POLICE CHIEF

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POLICE HEAD QUARTERS, VAZHUTHACAUD

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THIRUVANANTHAPURAM-695 002.

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2. THE DISTRICT POLICE CHIEF

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DISTRICT POLICE HEAD QUARTERS

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PATHANAMTHITTA-689 645.

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3. THE CIRCLE INSPECTOR OF POLICE

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ADOOR P.O., PATHANAMTHITTA-691 523.

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4. THE SUB INSPECTOR OF POLICE

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ENATHU POLICE STATION

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PATHANAMTHITTA DISTRICT-691 526.

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5. THE SUB REGISTRAR

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ENATHU, ENATHU P.O.,PATHANAMTHITTA DISTRICT-691 526.

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6. ALI, ASHITHA MANZIL, ENATHU P.O., PATHANAMTHITTA DISTRICT-691 526.

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7. LIZA, W/O.ALI, ASHITHA MANZIL, ENATHU P.O.

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PATHANAMTHITTA DISTRICT-691 526.

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8. ABDUL WAHAB, KALLUVILA VEEDU, PALAMUKKU,

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KANNANALLOOR P.O., KOLLAM-691 576.

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BY GOVERNMENT PLEADER SRI.N.SURESH

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BKA

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WP(Crl.).No. 502 of 2012 (S)

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APPENDIX

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PETITIONER'(S) EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE RECEIPT NO.58 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

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EXHIBIT P2. TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER.

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RESPONDENT'(S) EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

BKA

PIUS C. KURIAKOSE &

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BABU MATHEW P. JOSEPH, JJ.

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WP(Crl.) No: 502 OF 2012 -----------------------------------------Dated this the 9^th day of October, 2012

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J U D G M E N T

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Pius C. Kuriakose, J.

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This writ petition under Article 226 of the Constitution is filed by the petitioner, who complains that his fiancee, Kumari Ashitha, is being illegally detained by respondents 6 to 8. Respondents 6 and 7 are Kumari Ashitha's parents and 8^th respondent is Ashitha's uncle being the husband of her mother's sister. According to the petitioner, he and Kumari Ashitha are decided to get married under the provisions of the Special Marriage Act as they belong to different communities. Ext.P1, notice of the intended marriage, submitted before the Marriage Officer is relied on in this connection.

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On considering this writ petition for admission, we issued notice on admission by special messenger to respondents 6 to 8. The 6^th respondent was directed to produce Kumari Ashitha before this Court. Accordingly, Kumari Ashitha came to this Court today accompanied by the 7^th respondent, her mother

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WP(Crl.) No: 502 OF 2012

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..2..

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and the 8^th respondent, her uncle.

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We interacted with Kumari Ashitha in detail. She

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would stoutly deny the allegation that she is not a free person and is illegally detained by respondents 6 to 8. According to her, she was staying in the house of the 8^th respondent as desired by

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herself. As regards the relationship with the petitioner, she admitted that she was in love with the petitioner. But, she had second thoughts regarding the same and she is not now interested in marrying the petitioner at all.

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We interacted with the petitioner. According to him, even now he continues to love Kumari Ashitha and if she agrees, he is ready to marry her in continuation of Ext.P1 notice submitted to the marriage office. He told us in the presence of Kumari Ashitha that he has secured an employment at Muscat and he is capable of maintaining Kumari Ashitha if she becomes his wife.

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Kumari Ashitha, however, is not prepared to accompany the petitioner and to marry him.

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The only question that we are called upon to decide in this writ petition is whether there is warrant for issuance of a Writ of

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WP(Crl.) No: 502 OF 2012

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Habeas Corpus on the allegation that Kumari Ashitha is being illegally detained against her wishes by respondents 6 to 8. It is clear to our mind that the above question can be answered only in the negative. We answer to the above question only in the negative and dismiss the writ petition.

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Respondents 6 to 8, particularly the 8^th respondent who was in the police department previously, are directed not to make any troubles to the peaceful life of the petitioner. Respondents 1 to 4 are directed to ensure that there is no trouble to the peaceful life of the petitioner and members of the petitioner's family from respondents 6 to 8 or anybody, who is close to them.

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Sd/-

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PIUS C. KURIAKOSE, JUDGE

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Sd/- BABU MATHEW P. JOSEPH, JUDGE

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bka/-

Chandu Raj v. the State Police Chief Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

Chandu Raj v. the State Police Chief Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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