The court dismissed a writ petition alleging illegal detention of the petitioner's wife. Despite evidence of a marriage ceremony, relief was declined because the wife expressed unwillingness to join the petitioner.
Relief declined; apology that remedy before a competent Family Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
MONDAY, THE 19TH DAY OF NOVEMBER 2012/28TH KARTHIKA 1934
WP(Crl.).No. 567 of 2012 (S) ----------------------------
PETITIONER(S): -------------
Y. JACOB, S/O.YESUDAS MANI, NOW RESIDING AT MATTATHIL HOUSE KOLAHALAMEDU P.O., ELAPPARA, IDUKKI DISTRICT. BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN
RESPONDENT(S): --------------
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 1911-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (CRL.) 567/2012
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE MARRIAGE CERTIFICATE DATED 6/11/2012 ISSUED BY PASTOR WHO IS THE MARRIAGE REGISTRAR.
EXT.P2: COPY OF THE COMPLAINT DATED 10/11/2012 SUBMITTED BY THE PETITIONER TO THE SUPERINTENDENT OF POLICE, IDUKKI DISTRICT.
RESPONDENTS EXHIBITS : NILAMBUR
/TRUE COPY/
P.A. TO JUDGE.
PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
W.P.(Crl.) . NO. 567 OF 2012
Dated this the 19th day of November, 2012
JUDGMENT
Pius C.Kuriakose,J
This writ petition under Article 226 of the Constitution has been filed by the petitioner who alleges that his wife Athira, the daughter of the 2nd respondent, is illegally detained by the 2nd respondent who is working as Assistant Sub Inspector of Police.
16/11/2012 passed the following order.
“Not admitted. Sri.Shibu Joseph learned
senior Government Pleader takes notice on behalf of the first respondent. He will seek instructions from R1 as to the correctness of the allegations in the writ petition.
Issue notice on admission by special
messenger to the 2nd respondent. R2 is directed
to produce his daughter Athira before this court
W.P.(Crl.) No. 567 /2012 2
at 10.15 a.m. On 19/11/2012 and to show
cause why the above order for production should not be made absolute. Post on 19/11/2012.”
2.Today Athira is brought to this court by the 2nd respondent her father. We interacted with her as well as the with the petitioner. Athira admitted that she was deeply in love with the petitioner for three years. She also did not in so many words dispute that the some sort of marriage ceremony was undergone by them. But she at the moment does not have any love towards the petitioner and she wants to go back home along with her parents.
W.P.(Crl.) No. 567 /2012
3
we cannot grant relief to the petitioner. We decline relief observing that remedy of the petitioner may lie before a
competent Family Court.
Sd/-
PIUS C.KURIAKOSE, JUDGE
Sd/-
BABU MATHEW P.JOSEPH, JUDGE.
Dpk
/True copy/ P.A to Judge.
W.P.(Crl.) No. 567 /2012 4
2 issues framed by the court
Whether the petitioner is entitled to relief for the illegal detention alleged by his wife.
Whether a valid marriage took place between the petitioner and the wife under the Indian Christian Marriage Act 1872.
1 provisions across 1 enactments
Y. JACOB
THE SUB INJSPECTOR OF POLICE KUMILY
SHAJU O.G.
PIUS C. KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
