The High Court of Kerala disposed of a writ petition filed by a husband alleging abduction and illegal detention of his wife. The wife appeared before the court claiming she left the husband the night of the marriage due to threats. The court noted police inaction on the husband's complaint and held that the matter requires investigation.
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 P.D.RAJAN THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934 WP(Crl.).No. 51 of 2013 (S) ---------------------------
PETITIONER(S)/PETITIONER
AL FAHAD.M.H. AGED 26 YEARS S/O.HUSSAIN M V, MUDIPARAMBIL HOSUE, P.O.PUTHENCHIRA KUNNATHERI-680682
BY ADVS.SMT.V.J.RUBY SMT.V.K.REEBA
RESPONDENT(S):
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(crl) No.51/2013
APPENDIX
PETITIONER(S) EXHIBITS EXT.P1:THE COPY OF THE CONSENT LETTER OF MARRIAGE FROM MUHIYADHEEN JUM-A-MASJID, THEKKEKARA, ERATTUPETTA,DTD 10/1/2013
EXT.P2:THE APPLICATION FOR CONFIRMATION OF MARRIAGE DTD 28/12/2012 EXT.P3:PHOTOGRAPHS OF THE MARRIAGE BETWEEN THE PETITIONER AND SPOUSE EXT.P4:TRUE COPY OF THE GOLD PURCHASE INVOICE EXT.P5:TRUE COPY OF DRESS APPARELS BILLS
RESPONDENTS' EXHIBITS
PIUS C.KURIAKOSE &
P.D.RAJAN JJ.
W.P.(Crl.) . NO.51 OF 2013
Dated this the 7th day of February, 2013
JUDGMENT
Pius C.Kuriakose,J
On considering this writ petition filed by the petitioner who alleges that his wife Sajmi Salim, who is the daughter of the 3rd respondent, was forcefully abducted by the 2nd respondent with the active connivance of the 4th respondent and that she is presently detained illegally by respondents 2 and 4, we passed the following order on 4/2/2013:
“Issue notice on admission by special
messenger to R2 to R4. Sri.Shibu Joseph
Sr.Govt. Pleader takes notice on behalf of R1. Sri.Shibu Joseph will seek instructions from the C.I. of Police, Erattupetta Police Station as to
W.P.(Crl.)No. 51 /2013 2
what action if any has been taken by the Erattupetta Police on the complaint submitted By the petitioner. R2 to R4 are directed to produce Sajni Salim, daughter of the third respondent before this court at 10.15 on 7/2/2013 and show cause why the above order
for production should not be made absolute. “
by the 2nd respondent and his parents. The petitioner and his father are also present. We interacted with all those who appeared before us. Sajmi Salim told us that she became impelled to leave the petitioner, her husband, during the first night of the marriage itself since the 2nd respondent threatened her with dire consequences. Parents of the 2nd respondent told us that they have no complicity in what Has happened. According to them, Sajmi Salim accompanied their son on her own. The petitioner and his father would inform us finally that they are not keen on taking back Sajmi Salim.
W.P.(Crl.)No. 51 /2013 3
was a person missing case under Section 57 of the Police Act, which was registered as Crime No. 68/2013 in Erattupetta Police Station. This crime was registered on the basis of the complaint submitted by Sajmi Salim's mother. We are surprised to find that notwithstanding the complaint submitted by the petitioner and his father that Sajmi Salim was abducted during the first night of the petitioner's marriage with her by the 2nd respondent and his companion, the police have not chosen to register any crime based on that complaint. We have reason to think that what has happened during the first night of the petitioner was a clear case of abduction. According to us, the matter requires to be investigated thoroughly by the police and if the investigation reveals commission of offence by the 2nd respondent and anybodyelse who is connected him, the police shall not hesitate to take action for bringing the guilty to book.
The question that arises for decision is whether the writ of Habeas Corpus sought for should be granted. According to us, as Sajmi Salim is produced pursuant to Rule nisi issued by us, it is not necessary to issue further orders as the petitioner and his father have told us (wisely, according to us) that they are not
W.P.(Crl.)No. 51 /2013
4
keen on taking back Sajmi Salim.
The Writ petition is disposed of accordingly.
Sd/-
PIUS C.KURIAKOSE, JUDGE
Sd/P.D.RAJAN JUDGE.
dpk
/True copy/ P.A to Judge.
W.P.(Crl.)No. 51 /2013 5
2 issues framed by the court
Whether the writ of Habeas Corpus sought for should be granted in a case where the wife accused the second respondent of abduction before marriage.
This court found that the matter requires thorough investigation by the police as the petitioner is not keen on taking back the wife.
1 provisions across 1 enactments
A L FAHAD M H
STATE OF KERALA
MUHAMMED SHAN
SALIM K A
KABEER
PIUS C.KURIAKOSE
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
