Allowed

Vijith C v. the Superintendent of Police

Kerala HC10 Dec 2013WP(Crl.)/550/2013

Case brief

AI extract

What is this about?

The Kerala High Court, in a habeas corpus petition, directed the illegal release of the petitioner's spouse (the 3rd respondent's daughter) confirming her detention. The Court advised the parties to register their marriage under the Special Marriage Act, receiving their undertaking to comply before January 20, 2014.

What did the court decide?

Detenue released on liberty. Parties directed to register marriage under Special Marriage Act and produce certificate before January 20, 2014.

Vijith C Vs the Superintendent of Police — Constitutional and Fundamental Rights | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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TUESDAY, THE 10TH DAY OF DECEMBER 2013/19TH AGRAHAYANA, 1935

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WP(Crl.).No. 550 of 2013 (S)

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PETITIONER:

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VIJITH C, AGED 33 YEARS S/O.VELAYUDHAN NAIR, CHEYYIKKAL HOUSE CHERUTHURUTHY P.O., TRISSUR.

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BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN

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RESPONDENTS:

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THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN-676505.

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THE SUB INSPECTOR OF POLICE, MALAPPURAM, PIN-676505.

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MOHAMMED ALI,

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BOON VILLA (NADUVIL PEEDIKAKKAL HOUSE) KOOTTILANGADI P.O., MALAPPURAM, PIN-676506.

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BY DGP SRI.ASAF ALI

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10-122013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(Crl.).No. 550 of 2013 (S)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: COPY OF THE PHOTOGRAPH. P2: COPY OF THE MARRIAGE CERTIFICATE DATED 25/9/2013.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

cms

ANTONY DOMINIC & P.D.RAJAN, JJ.

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W.P.(Crl.) No.550 of 2013

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Dated this the 10^th day of December, 2013

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JUDGMENT

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ANTONY DOMINIC, J.

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The petitioner has filed this writ petition alleging that he and Shibila, the daughter of the third respondent are in love and that they got married at Mookambi Devi Temple in Kolloor on 26.08.2013. Ext.P1 is the photograph of both of them and Ext.P2 is the certificate issued by Akhila Kerala Misra Vivaha Sangam.

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According to the petitioner, on the persuasion of the mother of his wife, she went to her parental home on 11.11.2013 and that since then, both of them are not permitted to contact each other and he alleges that his wife Shibila is in illegal detention. He has filed this writ petition for a writ of habeas corpus.

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On the filing of this writ petition, considering the nature of the averments made, this Court passed order dated 4.12.2013 directing the production of Shibila before us today. Accordingly, she was produced before us and we interacted with her also. She confirmed that she had got married to the petitioner and she also told us that after taking her to her parental home, she was not permitted to contact the petitioner. She also told us that she was in confinement.

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The detenue, Shibila, is a major girl and she has confirmed the allegation of the petitioner that she was being illegally detained by her parents. In such circumstances, she is entitled to be set at liberty.

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However, fact remains that both the detenue and the

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W.P.(Crl.) No.550 of 2013 2

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petitioner belong to different communities and the documents produced do not disclose a legally valid marriage between them. In such circumstances, we advised both the petitioner and the detenue the necessity of getting their relationship legalized by a marriage under the Special Marriage Act and both of them undertook that they will immediately take steps for such a marriage.

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The detenue and the petitioner also told us that till they are married under the Special Marriage Act, the detenue will stay with Ms.Shiji Dipin, at 501, B Block, BB Springs, Thanapadam, Kakkanad, Kochi-30.

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They also informed us that before 13^th of this month, they will give notice of intended marriage under the Special Marriage Act and will register their marriage on the expiry of the notice period.

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They have also undertaken to produce the certificate of marriage before this Court along with a memo.

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In the light of the above, this writ petition is disposed of with the following directions:

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1)The detenue is set at liberty

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2)The detenue and the petitioner shall abide by their undertaking, get their marriage registered and produce before this Court their certificate of marriage issued under the Special Marriage Act, before 20^th January, 2014.

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Writ petition is closed.

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ANTONY DOMINIC, JUDGE

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P.D.RAJAN, JUDGE

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cms

Vijith C v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Vijith C v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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