Petitioner filed a writ seeking Habeas Corpus alleging illegal confinement of the respondent's daughter to facilitate marriage. Court investigated via police statement; found the girl was free and not detained, dismissing the petition.
Petitioner is not entitled to the relief of issuance of writ of Habeas Corpus as the alleged detenue is a free person.
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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
THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934
WP(Crl.).No. 518 of 2012 (S)
PETITIONER(S):
LOVEJI JAMES, AGED 32 YEARS, S/O. LATE V.M.JAMES, VATTATHIL HOUSE, ARTHUNGAL P.O., CHETHY, CHERTHALA, ALAPPUZHA DISTRICT.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENT(S):
1. D.BOSE,
2. INDIRA,
3. SUB INSPECTOR OF POLICE,
R3 BY ADV.SRI.M.K.ABOOBACKER, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
PIUS C.KURIAKOSE
&
BABU MATHEW P. JOSEPH,JJ.
--------------------------------------W.P.(Crl) No.518 Of 2012
Dated this the 18th day of October, 2012.
J U D G M E N T
Pius C.Kuriakose,J.
The petitioner, a young Christian boy has filed this writ petition alleging that Greeshma Bhose his love (daughter of respondents one and two) belonging to another religion is being illegally confined and kept in custody by her parents. This writ petition accordingly is filed by him seeking issuance of a writ of Habeas Corpus, so that Greeshma is liberated and he and Greeshma can get married under the provisions of the special marriage Act in accordance with their plan. On hearing the submissions of Mr.Sunil V.Mohammed, Learned counsel for the petitioner and considering the averments in the writ petition, we directed Mr.M.K.Aboobaker, Senior Government pleader who took notice on behalf of the 3rd respondent Sub Inspector of Police, Mararikulam to seek instructions from the 3rd respondent as the correctness of the allegations in the writ petition. We directed the 3rd respondent to depute a woman Police Constable to the house of respondents one and two so that she can interact
W.P.(Crl) No.518 Of 2012
2
with Greeshma Bhose, the alleged detenue and instructions can be imparted to the Government pleader in the writ petition.
W.P.(Crl) No.518 Of 2012
3
Sd/PIUS C.KURIAKOSE, JUDGE.
Sd/BABU MATHEW P.JOSEPH, JUDGE
//TRUE COPY//
P.A TO JUDGE
DG
2 issues framed by the court
Whether the allegation that the respondent's daughter was illegally detained by her parents was correct.
Whether the petitioner is entitled to a writ of Habeas Corpus to facilitate their marriage.
LOVEJI JAMES
D.BOSE
INDIRA
SUB INSPECTOR OF POLICE
PIUS C.KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
