Petitioner filed a writ alleging the third respondent abducted and detained his daughter Rosna. Court observed Rosna presented a Special Marriage Act certificate and stated she wished to accompany her husband. Petition dismissed.
The writ petition was dismissed.
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
TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934
WP(Crl.).No. 571 of 2012 (S)
PETITIONER(S):
SALAM K. S/O.MUHAMMED, 50 YEARS,ATHAPURAYIL HOUSE,KUTTANCHERI MORAZHA.P.O,KANNUR DISTRICT.
BY ADV. SRI.P.NARAYANAN
RESPONDENT(S):
RR. BY ADV. SRI.TOM JOSE PADINJAREKKARA, ADDL DGP R3 BY ADV. SRI.C.K.MOHANAN R BY GOVERNMENT PLEADER SRI.SHIBU JOSEPH
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 2011-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL.) 571/2012
PETITIONER(S) EXHIBITS
EXT-P1 TRUE COPY OF THEFIR IN CRIME NO.1443/2012 OF TALIPARAMBA POLICE STATION.
RESPONDENTS' EXHIBITS NIL
/TRUE COPY/ P.A. TO JUDGE.
PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
W.P.(Crl.) . NO. 571 OF 2012
Dated this the 20th day of November, 2012
JUDGMENT
Pius C.Kuriakose,J
This writ petition under Article 226 has been instituted
by the petitioner, the father of a girl by name Rosna, alleging
that the 3rd respondent aided by respondents 4 and 5 abducted his daughter and is presently detaining her under illegal custody.
Issue notice on admission by special messenger to R3 to R5. Those three respondents are directed to produce Rosna, the daughter of the petitioner, before this court at 10.15 a.m. on 20/11/2012 and to show cause why the above order for production should not be made absolute.”
Today, Rosna came to this court accompanied by the 3rd
respondent. They placed before us the certificate of marriage
W.P.(Crl.) No. 571 /2012
2
issued by the District Marriage Officer,Kannur, Thalassery. This marriage Certificate shows that Rosna and the 3rd respondent were married on 5th September 2012 under the provisions of the Special Marriage Act. We asked Rosna whether she is illegally detained by the respondent as alleged by her father. She answered in the negative. According to her, the 3rd respondent is
her husband and she wants to go along with him. Under the above circumstances, we dismiss this writ petition.
Sd/-
PIUS C.KURIAKOSE, JUDGE
Sd/BABU MATHEW P.JOSEPH, JUDGE.
Dpk
/True copy/ P.A to Judge.
W.P.(Crl.) No. 571 /2012 3
1 issue framed by the court
Whether the allegations of abduction and illegal detention by the petitioner against the third respondent (the father's daughter's husband) justify granting a writ remedy under Article 226.
1 provisions across 1 enactments
SALAM K.
SUB INSPECTOR OF POLICE TALIPARAMBA POLICE STATION
THE CIRCLE INSPECTOR OF POLICE, TALIPARAMBA
NAVANEETH.P.P
SHANIL KUTTIPRAVAN
RAHUL.M
PIUS C. KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
