Disposed

K.K.Ibrahim Kutty v. Commissioner of Police, Kozhikode

Kerala HC26 Nov 2012WP(Crl.)/556/2012

Case brief

AI extract

What is this about?

This court disposed of a Writ Petition (Criminal) informed by the statement of the alleged detenue, Juvana, who expressed joy at staying with her parents and a desire for higher education and employment, directing the family to ensure her welfare and protection from marriage arrangements to which she opposes.

What did the court decide?

Directions to return detenue to parental home, ensure education/employment, prevent imposed marriage, police to entertain complaints against respondents 3 and 4 regarding any trouble, and return testi

K.K.Ibrahim Kutty Vs Commissioner of Police… — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 26TH DAY OF NOVEMBER 2012/5TH AGRAHAYANA 1934 WP(Crl.).No. 556 of 2012 (S) ----------------------------

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PETITIONER(S): -------------

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K.K.IBRAHIM KUTTY, S/O.MOIDEENKUTTY, AGED 56 YEARS SHOUKIYA HOUSE, RAILWAY STATION ROAD KOYILANDY PO KOZHIKODE. BY ADVS.SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN SRI.S.NIYASUDEEN SRI.ABDUL ZALIMAN SMT.K.S.HASEENA

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RESPONDENT(S):

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COMMISSIONER OF POLICE, KOZHIKODE-673 020. 2. SUB INSPECTOR OF POLICE, NADAKKAVU, KOZHIKODE DISTRICT - 673 020. 3. VIVEK, S/O.MOHAN KOUSALYA NIVAS, KAKKATTU VAYAL EDAKKADU WEST HILL P.O. KOZHIKODE DISTRICT - 673 505. 4. MOHAN, KOUSALYA NIVAS, KAKKATTU VAYAL EDAKKADU WEST HILL P.O. KOZHIKODE DISTRICT - 673 505. R BY GOVERNMENT PLEADER SRI.M.K.ABOOBACKER RR BY ADV. SRI.K.I.ABDUL RASHEED (ADGP) R3,R4 BY ADV. SMT.ARCHANA NARAYANAN

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ. -----------------------W.P.(Crl.) . NO. 556 OF 2012

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Dated this the 26th day of November, 2012

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JUDGMENT

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Pius C.Kuriakose,J

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Read our order dated 12^th November 2012. Pursuant to that order Juvana is brought back to this court today by her parents. Juvana appeared to be an entirely different person and she told us that she is extremely happy with the stay in her own house along with her parents. She asked us whether any case will be filed against her by Vivek. We explained the position to her. She expressed her desire to pursue her education further and to secure an employment. Under the above circumstances, we are of the view that the writ petition can be disposed of issuing the following directions;

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i).Juvana, the alleged detenue, will accompany her parents back to her parental home and stay with them. The petitioner and his wife are directed to do everything that is necessary so that Juvana pursues her education further and

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W.P.(Crl.) No. 556 /2012 2 secures an employment. Till that happens the petitioner and his wife shall not impose any marriage on Juvana to which she is opposed. The parents, particularly, Juavan's mother told us that they will think in terms of marriage for Juvana only when she expresses such desire.

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ii). The 2^nd respondent is directed to entertain the complaint if any which may be submitted by the parents of Juvana regarding any trouble from the part of respondents 3 and 4 or anybody under them to the peaceful life of Juvana in her parental home.

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iii).The 3^rd respondent is directed to return testimonials if any pertaining to Juvana to Sri.K.Abdul Jawad, counsel for the petitioner so that he can return those testimonials to Juvana.

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Sd/-

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PIUS C.KURIAKOSE, JUDGE

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Sd/-

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BABU MATHEW P.JOSEPH, JUDGE.

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/True copy/ P.A to Judge.

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dpk

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W.P.(Crl.) No. 556 /2012 3

K.K.Ibrahim Kutty v. Commissioner of Police, Kozhikode

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K.K.Ibrahim Kutty v. Commissioner of Police, Kozhikode

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